Do I need a Lawyer in Arizona and Nevada to keep my child?

Question:

Do I need a Lawyer in Arizona and Nevada to keep my child?

My husband and I have been separated for almost three years. He lives in las vegas and I had to move to Arizona to get away from him. He has been caring for my son most of the time, only because he wouldn’t let me take him, until March of this year. I brought my son to Arizona with me and didn’t take him back. My child has lived in four different homes and attended four different schools, which has caused him to be failing all of his classes. I got served and his father wants primary custody. He also has a joint preliminary injunction that states I can’t take my child out of Las Vegas from June 11, 2013, forward, but my child has been living with me since March. What can I do to keep my child with me in Arizona?

Answer:

Since your son has not yet resided in Arizona for 180 days, Nevada has jurisdiction over your child and therefore the divorce action will be a Nevada action. Accordingly, you need to find an attorney in Clark County, Nevada to help you file a Response in Nevada. Your case will be heard in Nevada.

Likely, the Preliminary Injunction does not apply at this point, since the child was not in NV at the time the case was filed, however, if your son returns to NV during the pendency of the action, it may be a violation for you to remove him from the state at that point.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

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