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  1. #1
    Join Date
    Sep 2012
    Location
    Springtown, Texas, United States
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    11

    Default Moving for Change of Venue After Getting a Temporary Child Support Order

    My question involves a child custody case from the State of: Nevada

    I have a custody case out of nevada, but the child has not lived there for about 2-3 years now, he has been living with me and we have now lived in the state of florida for a little over a year. When we last had a hearing, the judge awarded me temporary custody of child, and said nothing about visitations nor did father ask for them during court hearing, and now he is talking about taking child for summer, but there is nothing set from court about his vistation out of last order. Just says that i have temporary custody and that neither of us shall file unless someones situation has changed and want to change the custody. Well i want to move the case to florida maybe file for change of venue, and i want full custody and for him to have supervised visits. (There is a reason i am requesting supervised but do not want to discuss here). Can i do this? Will court mind? And does he have rights seeing ass last order does not mention any rights at all for him? Previous order before that was when he had child and i had visits which were summers and every other holiday. Thanks for any help.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Change of Venue

    And where is Dad?

    (I don't care about your reasons - but it would actually be helpful if you at least gave a hint, since those reasons of yours might impact the answer heavily)

    Dad has the exact same rights as the previous court order if they weren't specifically addressed in the new order.

  3. #3
    Join Date
    Sep 2012
    Location
    Springtown, Texas, United States
    Posts
    11

    Default Re: Change of Venue

    Dad is in reno, nevada. Me and my son are in Florida.
    I want him to have supervised visit due to child molestation, Although judge in nevada overlooked it because he was never charged although they found evidence etc... and sent to judge. I just wanna know does he have the right to have him this summer? As our papers say nothing about him having rights. Only me. They say nothing about visitation nor have they ever said anything about him having visitation.

  4. #4
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Change of Venue

    If dad is in Nevada, the case stays in Nevada

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Change of Venue

    Agreed with CC.

    Don't put all your eggs in one basket though - he wasn't charged or convicted of anything. If child services determined that abuse was indeed present, they didn't name the abuser, correct?

  6. #6
    Join Date
    Sep 2012
    Location
    Springtown, Texas, United States
    Posts
    11

    Default Re: Change of Venue

    Yes they did name the abuser which was dad, The whole reason i got the temporary custody is due to child services getting involved, they deemed him unfit and said child would go to foster care if sent back to dad, which is why i won temporary custody, and judge said nothing more is to happen unless someones situation was to change, Which im asssuming means dad is doing better in life etc... So still im puzzled as to if he has any rights? Like i said judge never said anything about him having rights, nor did father ever request them

  7. #7
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Change of Venue

    Child services don't have the authority to do that. Seriously.

    Dad has rights right up until the court says otherwise.

    If Dad was unfit (again - WHO said this?), is there a reason why his rights weren't terminated?

    If Dad was actually guilty of abuse why wasn't there a criminal charge?

  8. #8
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Change of Venue

    There are so many holes in this story, I'm going to stop commenting. Stuff doesn't make sense. There's documented child abuse but no criminal charges? A judge just says... ok, well we won't do anything?

    How was dad declared an unfit parent if no one made a declaration of paternity?
    How was the child taken from dad if he has never been dad?

  9. #9
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Change of Venue

    Quote Quoting CourtClerk
    View Post
    There are so many holes in this story, I'm going to stop commenting. Stuff doesn't make sense. There's documented child abuse but no criminal charges? A judge just says... ok, well we won't do anything?

    How was dad declared an unfit parent if no one made a declaration of paternity?
    How was the child taken from dad if he has never been dad?

    Seriously. If there is confirmed sexual abuse - and realistically CPS can't tell who did it unless there was physical evidence or a confession - he would have been at least charged.

  10. #10
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Change of Venue

    Not to mention, if he's ordered to pay child support, he HAS rights.

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