My ex has full custody, he stole my son from me when we were seperated, his family paid for his attorney and i lost mine right before the trial due to money. the judge was also close to my ex's family. (small town) he got full custody. ex-husband lives in missouri with son and new wife, i live in nevada with husband. my 10 year old wants to live with me and his step-mom wants to help me get full custody of him. she has seen how mean his father is to him. she thinks he'll be better with me. If his step mom wasn't there my ex wouldn't even let me know where my son was and i'd never get to talk to him or see him. How do i go about getting him here with me? do i have to go back through court? since it's in missouri that is alot of extra expenses plus being far away makes is more difficult.
Unless your son's father is going to agree to turn over custody, you will have to go through the court again. Since the son resides in Missouri and that's where the current order was established, jurisdiction will remain in Missouri. You will have to file a complaint in Missouri seeking full custody of your son. You should contact a Missouri attorney to discuss in detail the best way to proceed.
If your ex will not agree, or stipulate, to a change in custody you will need to go to court with an attorney to try to have the court order a change in custody.
It is unclear from your facts whether the divorce was in MO or NV. If anyone still resides in the place that entered the Decree, that place retains modification jurisdiction. For an explanation, see the article titled "The Basics of Family Law Jurisdiction," on the Published Works page of our firm web site, at http://www.willicklawgroup.com/published_works.
And, yes, a modification of custody, if not agreed, requires a motion to modify. If it is under Nevada law, the relevant rules are posted here: http://www.willicklawgroup.com/child_custody_visitation.
I agree with Mr. Willick. Given your facts, I think it is very likely the order was confirmed in MO. However, another element here is how will the Court know what your child wants? A 10 year old's desire may not, necessarily, be put before the Court (either NV or MO). As such, you may want to think about having your child see a therapist when he comes to visit you, and he can express his desires to that therapist. Also, you should start to ask for more and more time, which Dad may begin giving to you. As you increase time, begin meeting his needs with a therapist, etc., and determine how you will be able to meet his education needs, these things may be considered by the Court in a custody situation. I think you will needs to talk privately with Step-Mom to see if she will, in fact, stand by you when it comes to going to Court. People tend to "flip-flop" when its time to swear to tell the "truth" - so be aware of this since she could help and hinder your case.
