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Momj123 · Jul 2, 2013, 04:21 PM

I have divorce decree that states I have custody in NV. My ex took my son to Massachusetts and got emergency custody order and was granted. I'm in NV with our other child, and can't appear in the scheduled hearing next week in MA for permanent custody.. I have emergency custody hearing in NV scheduled as well, but only after his hearing in Massachusetts. He lied to the judge to get this temp custody order, he's never paid child support, which I've also filed in NV. He violated the original order, and told the judge we were still married.. I now can't find my son! He has a disability and needs his care which he's not receiving in Massachusetts with his dad. I don't know what to do and I don't have a attorney. Do I just wait for my court date here in NV? What happens if he gets granted custody? Will courts here later overturn?

N0help4u · Jul 2, 2013, 05:13 PM

Sounds like you need to talk to your case workers and lawyer. Did he even have permission from the court to take your child to Massachusetts?

Momj123 · Jul 2, 2013, 05:28 PM

No, also he has completely alienated me. Court in nv claims jurisdiction (he violated order) and now has temporary custody. What happens if the judge in Massachusetts amends that? I am so scared to miss that court date and lose completely. Courts in mass are not honoring the order I have. His court date is before my hearing date in NV.

ScottGem · Jul 2, 2013, 05:43 PM

Originally Posted by Momj123

No, also he has completely alienated me. Court in nv claims jurisdiction (he violated order) and now has temporary custody. what happens if the judge in Massachusetts amends that? I am so scared to miss that court date and lose completely. Courts in mass are not honoring the order I have. His court date is before my hearing date in NV.

Why do you say Mass won't honor the NV court orders? I believe there is reciprocity between the states. Have you tried swearing out a warrant for parental kidnapping?

But, unless, you can get either of those done, then you need to have an attorney appear for you at the hearing. Present your NV custody orders and divorce decree to show that he lied.

N0help4u · Jul 2, 2013, 05:49 PM

I also do believe you are allowed to go to your court and ask for a video or some kind of conference call so that you don't miss due to distance. My daughters mother in law took her daughter to Georgia and Ohio made her bring her back because there was no court order allowing her to do so. Massachusetts does need to get a hold of Nevada's orders if they don't already have them and I would not take his word for them having it.

Momj123 · Jul 2, 2013, 05:55 PM

I showed the court order and proof he lied.. The judge still gave the temporary order until I could appear with a attorney. (Stated he didn't want to move the child without a hearing) I had a certified copy of the decree in hand in Massachusetts. He has never paid the child support, he appeared with his attorney (which is a friend and just representing him as a friendly favor, he is a trust attorney and never did family law) the judge informed my ex I have full visitation rights to my son till hearing! However I've been completely alienated and I'm caring for our other child in NV

Momj123 · Jul 2, 2013, 05:58 PM

Oh also Massachusetts is the ONLY state the doesn't participate in the UCCJA act

AK lawyer · Jul 2, 2013, 06:29 PM

Originally Posted by Momj123

Oh also Massachusetts is the ONLY state the doesn't participate in the UCCJA act

True, Massachusetts has not adopted the UCCJEA. But I beleve that they have something similar.

ScottGem · Jul 2, 2013, 07:53 PM

Originally Posted by Momj123

Oh also Massachusetts is the ONLY state the doesn't participate in the UCCJA act

MA not adopting the UCCJA doesn't mean they don't have reciprocity. Common codes like the UCCJA are guidelines for states to follow so that laws are similar from state to state. That doesn't mean they don't honor other states court orders,

I suspect the judge scheduled a hearing and is going to go through with it. So, you appear either through a rep or by telephone/video conference. Talk to the court clerk about the latter. Or have your lawyer consult with a MA attorney

I suspect that the judge just wants the hearing to cancel the temp order and order the child returned to you.

Momj123 · Jul 3, 2013, 11:49 AM

Thank you for your input! I have spoke to attorneys in Massachusetts. All of them want a retainer of a minimum of 5k. Which I'm not able to afford. They claim because the child is now in Massachusetts it can give them jurisdiction. Sigh he has never paid his court ordered child support, he has a job that leaves my son alone in a apartment without his own bedroom Etc. I just can't believe this is happening. I have less than a week to prepare from across the country

ScottGem · Jul 3, 2013, 12:01 PM

Originally Posted by Momj123

Sigh he has never paid his court ordered child support,

You keep referring to this, but it has no bearing on the custody case. The only use I would make of this is maybe to show why he is trying to get custody, to avoid support.

Do you have an attorney? You shouldn't need to separately hire an attorney in MA, your NV attorney should be able to find and work with a MA attorney.

Momj123 · Jul 3, 2013, 01:19 PM

Originally Posted by ScottGem

You keep referring to this, but it has no bearing on the custody case. The only use I would make of this is maybe to show why he is trying to get custody, to avoid support.

Do you have an attorney? You shouldn't need to separately hire an attorney in MA, your NV attorney should be able to find and work with a MA attorney.

Yes he's doing this as a attempt to avoid child support. Which we all know that's not possible. He owes 12 years worth. However in the end this is not healthy for my child. Thank u for your response to me.