I live in Boise, ID but my divorce decree is out of Washoe County NV. We currently share joint physical custody with a 60/40 split, I have the kids the majority of the time. This plan per our decree will remain in affect until the kids are school age. My daughter has special developmental needs, and significant medical needs, and would normally start school in the fall, but she is being screened to start school early. I am her primary caregiver and have maintained good documentation to support my desire to have full custody of her and my son, and it is time to go to court to modify this decree. I know my ex will oppose. I have represented myself up until now but feel I may need help. I have saved $2500 but that's all I have. Is it worth it to hire an attorney? Is that enough $?
Family Law Attorney
You are missing the critical information of where your ex resides. If your ex is still in Washoe County (or Nevada), you have to bring any motion to modify back in Nevada. First you have to seek to modify custody, and then you have to meet those factors necessary to relocate the children out of state. This is done in the same motion, but requires two separate "lines" of analysis with their own independent factors. If you are both now in Idaho, or if your ex is no longer in Nevada, then Nevada would no longer have jurisdiction (arguably, more facts required to fully determine) in which case you would need to domesticate your current orders in Idaho (or potentially your ex's current state of residence) and then proceed with modification. My office will take some cases with a $2500 retainer fee. I cannot speak as to others in the Reno area, but suspect there are some who might do the same. However, if this is going to be a fight, all the way to a full evidentiary hearing, then $2500 won't even come close to covering it. The $2500 might get you a lawyer, but you'd still be paying beyond that amount. If your ex is going to have an attorney, you absolutely should have one -- the analysis here is much different than divorce, and the evidentiary requirements are also different. Meeting the technical requirements to achieve the result you are seeking is not easy.
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.
It is almost always worth your time and money to at least consult an attorney and pay them to discuss the case with you thoroughly, explore the strengths and weaknesses, and explore all possible options in your case.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
Family Law Attorney
I agree with Mr. Leroi, it is always worth at least a consultation with an attorney. You can bring all relevant documents, any questions you have about the process etc. and really get the most out of your hour's time if you prep efficiently. During the consultation you can discuss prices with an attorney and decide from there, but I highly suggest consulting someone if you want to change your parental situation. Best of luck.
Responses are for general information purposes only, and are given based on limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is always highly recommended and preferred. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP.