Can I now get custody of my children?

[BrokenHearted1]

What is the name of your state? Nevada

My ex wife and I have been back together for 4 years now, we have a 14 year old and 8 year old both girls. we're both 46 years old.I recently found out she is seeing another man. She has told me she loves him and wants to move with him to Pahrump,NV which is 80 miles west of Las vegas Which is where we live. She has only known this man for 2 weeks and I am scared for my children. I don't know this man or his past and it scares me. The only info I got is from the internet. He's 35 and has lived in 6 different cities, 2 in Michigan , 3 in Wisconsin and now Las Vegas.She has been neglecting this kids for 2 weeks now staying out till 11-midnight every night while I'm at work. I have called at 10 pm while on my lunch break and my 14 year old tells me she hasn't come home from work yet. Once she left messages at 5pm that there was no food in the house and they're hungry and she never even called back or even checked to see if there was any messages. When she came home she yells at our 14 year old for not feeding our 8 year old. If this is not neglect I don't know what you call it. Do I have grounds and sue for custody? BTW my 14 year old refuses to move with her and wants to stay with me. She believes that if Mom gives me a chance we can work it out, I believe it too. Please respond , Hurry

 

[SMURFEELAW]

I would get a lawyer. But do it quickly. File for custody. Is there an original custody order from the divorce? If there is that is probably the way it will stay. AZ has a law you can't move more than 100 miles but check into NV law on moving. She may fall under the limit and be able to move. Your daughter is old enough to voice her opinion to the judge but file quickly in order to get it done before sshe takes the kids and starts them in school. Good luck

 

[stealth2]

Also..... if you're working 'til 10pm (and I assume later), what would your plan be for the kids while you're at work?

You're going to have to show the judge that you are the more fit parent. What else have you got?

 

[MBMom]

I'm sorry to hear of your situation. Even if you or your daughter thinks there's a possibility of working things out, you should still take the proper steps to cover your a** in case she thinks she's going to just up and leave and take the kids. I'm assuming by your nametag you're upset, but don't let your emotions get in the way. Your kids are most important.

 

[BrokenHearted1]

Thanks

Thanks for you quick replies, stealth and mom. my shift is moving to day shift soon. Our divorce was just incompatiblity. But I know it can be amended. Also another thought could get back child support altho we were living together? I don't think so considering I was paying the bills but it's a thought. Thanks again

 

[MBMom]

Back child support? Was there a previous child support order that she was supposed to pay?

 

[BrokenHearted1]

I was supposed to pay her. $600 a month. But since being back together and considering I was paying the bills and giving just about full support that I shouldn't have to pay her back child support for the last 4 years we were living together. that's all I'm saying

 

[SMURFEELAW]

I hope you have that documented.

People turn into inhumane monsters during custody battles. Keep mail anything that can prove she has lived with you the last four years. You both should have gone to the court and had that altered but shoulda coulda woulda. Make sure you can prove that the last four years you have been together and that you paid all the bills. You are right you shouldn't have to and she never filed for it before the four years and obviously knew where you were. But I would be sure to have that issue addressed specifically in court along with a visitaion plan/custody arrangement. What were the custody/visitation orders during your divorce?

 

[stealth2]

Ooooooooh dude, that was stupid. There is a court order that you are supposed to pay support - you should've either had it ended or paid her anyway. All of what you've paid instead? It well may be called a gift.