Change of Jurisdiction and Custody

[iLUVmySD]

History:

My husband, (we were married in 2002), has a 4 year old daughter.  After she was born, my husband's ex (they were never married) handed her newborn over to him, and didn't take any responsibility for her for the next year of her life.  

After my SD turned 1, my husband's ex filed for custody in Nevada (where all parties lived at the time).  My husband lost miserably.  The "Hearing Master" wouldn't listen to anything my husband had to say, and gave full custody to his ex.  In the order, visitation is not even mentioned.

In 2000, my husband moved down to Arizona to be with me while I finish college.

Since then it has been a case of walking on eggshells in dealing with the BM in order to see my SD.  Now, there might be a ray of light at the end of the tunnel.  The BM took a new job at the state, thereby forfeiting her $16,000 is state support. (She has two older children by other men.)  The BM calls us up and asks if we can take my SD for an indefinite amount of time because she cannot pay for her daycare, food, care etc.

We fly her and an escort down here immediately.  The catch is that because my husband has no visitation in his order, he still has to pay the BM child support, even while she is with us.  That is why she sends here down here fairly frequently, in order to get "free money".

So to sum it up after she has been here six months (in February), we would like to put in for a change of jurisdiction from Nevada to Arizona.  I have read the laws concerning the matter and gathered that we have to get Nevada to release jurisdiction before Arizona will modify an existing order.

So here are my questions:

1. Do we have to file paperwork in Nevada or actually go to court in Nevada to get them to release jurisdiction? Or can we get Nevada to release jurisdiction from Arizona?

2. How advisable would it be to pursue this route? (If my husband does not gain custody, or at least regular visitation, it may be a long time before my husband ever sees his daughter again.)

3. If jurisdiction is moved to Arizona, would it be more likely that my husband would get full custody, as the BM does not live here and most likely would not even show up for the hearing?

Thanks for you help.

[socrateaser]

>1. Do we have to file paperwork in Nevada or actually go to
>court in Nevada to get them to release jurisdiction? Or can we
>get Nevada to release jurisdiction from Arizona?

If the child has resided with you in AZ for six months, then you can file in AZ and ask the court to make a new custody order. The AZ court will contact the NV court, which will almost certainly release jurisdiction to AZ.

>
>2. How advisable would it be to pursue this route? (If my
>husband does not gain custody, or at least regular visitation,
>it may be a long time before my husband ever sees his daughter
>again.)

Frankly you would be crazy NOT to persue it. I can't stress this enough. DO IT!!! beg, borrow or steal the money, hire an attorney and petition for custody, before the other parent changes her mind again.

>
>3. If jurisdiction is moved to Arizona, would it be more
>likely that my husband would get full custody, as the BM does
>not live here and most likely would not even show up for the
>hearing?

I don't read tea leaves. But, based on your superficial facts, I think you have a very good case, unless the father has been found by a court to have been abusive or otherwise unfit as a parent in the past.

[iLUVmySD]

Thanks so much.  Now we just have to hire an attorney and wait for the six month mark. :)