Client has resided in Nevada with her boyfriend, their 4 minor children and her daughter from a previous relationship, age 13. There is a history of domestic abuse between client and boyfriend, who has been charged for domestic battery and has a warrant for his arrest. In October 2018, boyfriend abducted all five children, and relocated to another state. He applied for a protection order there on behalf of himself and the children on false pretenses. Because client was unable to defend herself on the TPO matter, he was granted an extended protection order for one year by default. Meanwhile, client had filed for a TPO, divorce, and Motion for temporary custody here in Nevada. Client’s TPO was granted and extended for one year, not including the children, after boyfriend was awarded his extended protection order which is being upheld by the Nevada court. Although UCCJEA jurisdiction is not disputed by the parties, the court has ordered a divorce action be filed in the other state to determine which state should have jurisdiction. Due to allegations made by boyfriend, client was ordered to do a urine and hair drug test. She tested positive on the hair test. Client was ordered to a 9-month patch program she cannot afford which makes it impossible for her to travel to the other jurisdiction if necessary. Client is seeking advice and counsel on how to proceed.
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