We live in Nevada and my daughter (15) and I want to leave my husband and go to California where my sister lives.

Asked about 1 year ago - Fallon, NV

There have been no instances of physical abuse but numerous cases of verbal abuse over a 24 year marriage. Two of my daughters (21 and 15) came to me as an intervention to let me know it was time to end this. I am trying to get work in California but don't have a job yet. When I tell my husband I am sure he will tell me to leave and try to get Lillie (15) to stay. Would I be committing an illegal act to take her with me without his consent?

Attorney answers (3)

  1. Jill K. Whitbeck

    Contributor Level 18

    4

    Lawyers agree

    Answered . It is not "illegal" but Nevada has jurisdiction over the child and he could file a divorce case here with an emergency motion to have the child returned to Nevada to his custody. That leaves you fighting a custody battle long distance while he has custody. Further, under Nevada law, if you move a child out of state without your husband's written permission, that can be used against you in any subsequent custody proceeding. So unless he will give you written consent to move the child to California, you are taking a huge risk in moving. Your only other option is to get your divorce case underway in Nevada, and get the court's permission to move the child to California. Either way, you should be consulting with and retaining an attorney.

    Responses are for general information purposes only, and are based on the extremely limited facts given. A... more
  2. Boris A. Avramski

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Ms. Whitbeck's is correct. I just want to stress that y9ou need to get an attorney in you area and start a divorce as soon as possible.

  3. Keith Pickard

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Ms. Whitbeck is correct. You really should try to get his consent in writing (or at least an email) before you move, and you will likely be fighting this in Nevada unless you are in California for at least six months before anybody files. California would obtain jurisdiction if the 15 year old is in the state for six months. So if your husband can be appeased for six months, that might work as well. But it's a huge risk. Consult with a family law attorney before you do anything.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Support

Child support is the money paid from one parent to another for expenses resulting from the other parent’s custody of a child or children.

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