What is the name of your state (only U.S. law)? NV
Excuse the brevity of information but my gf just phoned me and woke me up with the news and there are details of her exact custody/visitation of which I am not aware but here goes....
I live in FL and my girlfriend lives in NV. She has full custody of her children. She divorced her ex over his issue of getting into drugs and having pawned off many marital assets and leaving her in debt. At the time I met her last summer, her ex had already moved out of NV to AZ and had little to no contact with his children but was paying child support.
In the last year that I've known her, she has driven the several hours to his residence a few times (less than 5) in order for him to see the kids. He has never voluntarily come back to NV to see them on his own.
He recently lost his job and stopped paying child support and had lost his residence. There was no address and no phone number by which she could contact him.
She and I decided last month on her and her kids moving to FL to be with me here, moving before the end of the year. She told this to him the last time they had spoken and he was outraged at the news, saying he was planning on moving back to NV and wanting to see the kids more (I don't trust a word he says, personally, but we know how much my opinion is worth in this case at this point)
Anyway, tonight she called me and said she was served with papers preventing her from moving the children out of state. So, apparently he had money to hire an attorney to draft the papers and is likely using his sister's address in NV as his own (yet he can't pay child support and has never mentioned anything up to now about being back in NV and wanting to see his kids) Also, he is seeking FULL custody and giving her visitation only 2 weekends a month and for her to pay him some form of spousal/child support (HA! Dreaming much, pal?)
My question is what options do we have at this point in order for her to continue our plans for her to move here by the end of the year (the kids would enroll in their new school here right after the winter break)?
1 Answer from Attorneys
She is going to have to hire a lawyer to fight this. If she doesn't and tries to do it herself, she may keep primary custody but I don't think that she will get to move to Florida. This is not easy work and takes a trained attorney to fight against some one who has "lawyered" up. If she would like to set up an appointment with me, she can email me. It would probably charge a retainer of three thousand dollars as this is pretty much a knock down, drag out fight.