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Can my sister move to a different state with her children?

Las Vegas, NV |

My sister is just getting out of a very abusive marriage. She has a protection order against her husband. He beat my sister numerous times. He gambled everything, including to the point of losing their house and all their savings. They have 2 small children. She can not afford an attorney, and is struggling to feed her children. I want her to move her and the kids to a different state to live with me so we can help her. She is in constant fear of him right now. He threatens to take the kids and never bring them back. He has sold everything they owned. He hasn't helped her financially at all. There is no custody order. He would never consent to her moving. How can we do this legally so she won't lose her children?

Attorney Answers 3

Posted

She should file for custody and permission to relocate in her local Court. If she is indigent, an attorney shall be appointed to her, Good luck!

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Israel Lynda Kunin

Israel Lynda Kunin

Posted

There is no right to appointed attorneys in divorce or custody cases in Nevada.

Posted

No lawyer will be appointed for your sister. However, there are resources for victims of domestic violence and low income persons. Your sister needs to get a divorce case on file ASAP with a motion to relocate. If she moves without the written permission of her husband or a court order, she is risking losing the children. Hopefully the history of violence is documented very well, so it can be used in court. Have your sister contact domestic violence services providers and legal services providers to get help. She should also apply for welfare so she can get food stamps to feed the children. With persistence and patience she can get out of this and begin a new life for herself and her children.

Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.

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Deborah G. Fiss

Deborah G. Fiss

Posted

Hard to believe as in NY she would definitely qualify for legal counsel paid by the state. Shame.

Posted

Your sister should contact Legal Service Center of Southern Nevada for pro bono services.

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