I Need Help getting my Daughter Back!!!

[Kimberlyn66]

What is the name of your state? NV

I recently let my husband take our daughter to California. We separated a few months ago, and he moved back to California. He was going to bring her back in a couple of weeks. One excuse after another led to her being there for a month. When he was supposed to bring her home this last weekend he instead brought a friend with him and served me a summons to appear at mediation for full custody of her and a legal separation. She is 4 years old and was born in Nevada and has lived here all her life. He has two felonies. He has four counts of Domestic Violence and 4 counts DUI and a year and a half ago a drug charge here in Nevada. I don't know where to turn. What rights do I have? What can I do to get my daughter back. The grounds he used against me were Not being able to hold a job and not having a Stable home. I have a letter from my employer that I have had the same job for 2yrs and 2months. We lived in the same home for a yr until our separation, When I got my own Place. I need advice on what to do? I don't have the money for a Lawyer unless I can find one that will work with ME?? HELP ME PLEASE!!

 

[marin's mom]

911

CALL 911. That is not legal. Go to CA, and call 911

 

[JaneyS4]

Hate to tell you this Marin's mom, but if there was no custody agreement between the two of them, what dad did was perfectly legal. Two married people, no custody agreement, he can keep her if he wants because he has just as much custody as she does.

As for what to do, you need to file for custody yourself. Looks like you have some strong evidence to help you. If you can't afford an attorney, then you need to start studying pro se right away, but honestly, you need a lawyer. You can call the bar association and get a referal, for free or no more than twenty or thirty dollars, and some lawyers will work out a payment plan with you. Did he give you anything saying he has temporary custody of any kind?

Can someone else here tell her if she can file for custody in her state (due to residency rules) or if because he filed first, does she have to go to Calif?