my ex wife has custody of my three children who are 14,10 and 9.They live in Las Vegas with their mother.my children are requesting me to take custody of them since there mother is abusive and frequently neglects them by leaving them home alone long hours and at times all nite either to go to work or just go out with her friends.It is also frustrating as a father that my children call me complaining of having no food all the time and no bed for them to sleep on these past 3 years.yet i am paying for child support every month.Im just fed up with the situation i need to take action in helping my children have a more stable home.what do i need to do and how long will it take for me to get custody of my children even though i live in california.also how much do i need to start.
1 Answer from Attorneys
I am presuming you were divorced in Las Vegas. If you were divorced in California and she later moved to Las Vegas with the children, California would still have jurisdiction.
You are required to pay child support until you get the order changed. I would expect it to take at least 90 days, probably more like 120 days to get the matter resolved. The Judge might send you to mediation first but certainly, the Judge needs to set an evidentiary hearing, at least 4 hours, and they won't have any free time for four months generally.
The cost really depends if Child Protective Services have been involved. If they have, the case would probably $5,000 because they have done a lot of the investigative work, if not, expect to spend at least $10,000 for a retainer for a lawyer. A lawyer who asks for less, will either do a bad job (not doing a deposition, not meet with you until the last minute, generally do the minimum) or is so bad a lawyer that they need the business.
I am licensed both in California and Nevada so if you would like to hire me, I can do it in either place. My email address is [email protected]