QUESTION

There is a custody/visitation in order now. I have recently summited papers to court showing cause on giving me primary physical custody due to unsafe

Asked on Aug 06th, 2014 on Child Custody - Nevada
More details to this question:
Conditions and neglect. Can I file for temporary custody until the court has seen the papers? I don't want my 12 yr old son going back due to fear of what his father will do when he reads the papers filed. My son told me some things he doesn't want his dad to know. I want to keep him here with me in San Diego ca not back to Las Vegas NV without breaking current court order.
Report Abuse

1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
Update Your Profile
I'm not sure the facts are clear.  They appear to be: NV court order -- dad still here, so NV still has jurisdiction over the case. Mom in CA; kid goes back and forth on some schedule. If those facts are right, then yes, you CAN file for what is called "emergency custody" in CA, but under the applicable rules, that order will only remain valid until jurisdiction is asserted in NV.  Your alternative is to file the emergency motion in NV, which you can do from CA, of course; this might be more efficient, as it is likely the case will be litigated here either way.  For an explanation, see "The Basics of Family Law Jurisdiction," posted at: http://willicklawgroup.com/child-custody-and-visitation/ Then you should consult with a family law specialist in the place you have decided to file (if NV, you can call this or another family law specialist office).
Answered on Aug 07th, 2014 at 10:00 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters