More details to this question:
I live in Oregon and my grand children are now in Nevada. Their father lived with me on and off 4 years. My grand babies have been with me 90% of time for 5.5 years. He never said one word to entire family, left like a thief and took off to Nevada Sept 24, 2013. We kept in touch for a lil bit , dec 28 2013 was last i talked with gbabes. Mother is substance abuse, and I am sure father is no better( his past of meth), although he has made sure the kids are in school...K and 1st grade and the K child is a full day class, this has given him opportunity, .I need help..how can I get my gbabes until both parents become responsible
1 ANSWER
Many facts are missing from your narrative. You do not say whether there was a prior court order anywhere as to custody of these children, which makes a big difference as to whether we are dealing with "original" or "modification" jurisdiction.
If 6 months have passed since the kids and parents moved to Nevada, that is now their "Home State" and the only place where an action relating to custody or visitation of those children may be filed. Until that point is reached, their prior State (apparently Oregon) is the place where a custody action could be filed under the UCCJEA. And if any party to the prior custody order (if there was one) remains in the State that issued it, that place remains the State with modification jurisdiction.
These rules are discussed in the article "The Basics of Family Law Jurisdiction" that is posted on the Child Custody page of our firm website:
http://willicklawgroup.com/child-custody-and-visitation/. You should consult with a family law specialist.
In the meantime, if you are concerned with the physical health and safety of the children, you can call the police and ask that child protective services do a health and safety check.
Answered on Feb 21st, 2014 at 10:32 AM