QUESTION
Am I allowed to live in Nevada until a court date is set or do I have to move my things and leave my family back to Utah?
Asked on May 30th, 2013 on Child Custody - Nevada
More details to this question:
Father and I agreed to move to Nevada from Utah. We had a joint custody document but it was never finalized. He decided to back out of the agreement and went back to Utah. He took the child and left I thought the joint custody was valid that's why I gave him the child but I didn't know he was going to Utah with him. I called legal aid they had said the document was not valid due to the fact that is wasn't pasted through the court or have a judge’s signature. So I didn't have to give the child to him. He said I couldn't leave without permission but I had his permission, because the plan was for us to all move to Nevada. I had left a week before him so I was already establishing myself and the child in our new home. He is now saying that the child must remain in Utah. A police officer told me I could in fact come back to Nevada and live here until we have a set court date where a judge will tell us what we can and can't do.
3 ANSWERS
Your facts are a bit confusing, but what you have been told is probably correct, and (in Nevada anyway - you need advice from a Utah attorney, as every state is different) an oral agreement to relocate can be used in a later court hearing to prove that the relocation with permission was valid.
Answered on Jun 03rd, 2013 at 10:04 PM
Traffic Tickets Attorney serving Provo, UT
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Utah will have jurisdiction if that is where the child has resided for the past 6 months. So, the case will need to be filed in Utah. However, the Judge (or, Domestic Law Commissioner) can make custody and parent-time orders involving the parents wherever they may live (even if they have already moved). Until the case is filed and there are custody/visitation orders in place, both parents have rights to the child.
Answered on May 31st, 2013 at 12:09 PM
Family Law Attorney serving Las Vegas, NV
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The state with jurisdiction over the child is the state where the child lived for 6 months prior to you bringing a court action. If you and the child lived in Nevada for less than 6 months then the court with jurisdiction is going to be in Utah if that is where the child lived for more than 6 months.
Answered on May 31st, 2013 at 11:44 AM