QUESTION
Can I get custody and divorce after moving?
Asked on Jan 04th, 2016 on Child Custody - Nevada
More details to this question:
I am a current resident of Virginia. I have a permanent protection order (expires in Nov 2016) against my husband, however it likely to be extended due to him breaking the order and the use of a firearm in the original case. He has current charges of brandishing a firearm, domestic assault, and protection order violation that will be tried this week. We share two children. We do not have any open court cases for legal custody, visitation, or support case in VA. I was offered a job in NV. I am looking to move with my children. I wanted to see how to get emergency custody, divorce, and confirm my protection order will still be in effect after I move to NV. He already has already removed his property from the home and we do not own any accounts or real estate together.
1 ANSWER
Yoiu do not indicate where the PPO was issued (presumably, VA). Presuming that you have an existing custody order, that order can be registered in NV and will then become a NV order, as enforceable here as there. There could be some jurisdictional complications depending on who will live where once you move (i.e., if you relocate, but your ex remains in VA, that state will maintain "CEJ" -- Continuing Exclusive Jurisdiction to modify the order, until and unless VA relinquishes that jurisdiction to another state or until everyone leaves VA). For an explanation, see the materials and articles (especially "The Basics of Family Law Jurisdiction") posted at http://www.willicklawgroup.com/child-custody-and-visitation/. You may also want to check out our Domestic Violence page. For more precise information, or if you believe that you need attorney assistance to register your order here, or for anything else, feel free to call our office during regular office hours.
Answered on Jan 10th, 2016 at 9:35 AM