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  1. #1
    Join Date
    Mar 2011
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    5

    Default Winning Custody by Default

    My question involves a child custody case from the State of: Idaho
    First off there is no set custody order for my husbands 14 yr old daughter. His ex-wife is looking at at least 2 months jail time for a felony offense. She is a repeat offender and has had issues with prescription pill abuse and DUI'S. Can we submit an order for custody while she's in jail and win by default. If so do we try to have her served or do we do a notice of publication through the newspaper?

  2. #2
    Join Date
    Sep 2009
    Posts
    424

    Default Re: Winning Custody by Default

    You cannot do anything.

    Your husband can file for custody but he'll have to have her served as he clearly knows where she is. The jail may even transport her for the court date.

  3. #3
    Join Date
    Mar 2011
    Posts
    5

    Default Re: Winning Custody by Default

    Quote Quoting PQN
    View Post
    You cannot do anything.

    Your husband can file for custody but he'll have to have her served as he clearly knows where she is. The jail may even transport her for the court date.
    Of course I cannot file. I'm just doing the legwork for him. Legal work and research is a special intrest of mine. I have printed up the paperwork and contacted our lawyer here in Nevada to help my husband fill them out. But, since it is out of his jurisdiction that is about all he can do. I contacted a custody lawyer in Idaho, and it was he, in fact, that told us to file while she was incarcerated or soon prior. I was just wondering which was the best way to serve her.

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,775

    Default Re: Winning Custody by Default

    Wait - Dad lives in Nevada?

    And Mom is in Idaho?

    How long will she be incarcerated?

    Where is the child now?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  5. #5
    Join Date
    Mar 2011
    Posts
    5

    Default Re: Winning Custody by Default

    Yes and yes... She's looking at mandatory 30 days but up to 5 years. She has priors and her last offence was a violation of her probation. It doesn't look good for her. The child wants to live with her friend..but that doesn't sit well with us. She needs to be here in Nevada where she has lots of decent, law abiding, stable loving family members. She was born here in Nevada but the mom relocated to Idaho 10 years ago.

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,775

    Default Re: Winning Custody by Default

    Oh really?

    It's best to drag this 14 year old who is established and familiar with her home in Idaho, to Nevada?

    Dad needs an attorney.

    Because this is NOT a slam-dunk by any means.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Mar 2011
    Posts
    5

    Default Re: Winning Custody by Default

    This 14 yr old has been here in Nevada every year since she was 8 yrs old. She has an established relationship with her siblings, aunt,uncle and grandparents that live here. In fact last summer she was close to not returning to Idaho. She wanted to have her freshman year at her high school in Idaho (where she made the cheer squad) and then come here to live. This is no shock to her. We just need to make it legal.

  8. #8
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    26,775

    Default Re: Winning Custody by Default

    Dad needs an attorney.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  9. #9
    Join Date
    Mar 2011
    Posts
    5

    Default Re: Winning Custody by Default

    Do you know any?

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