QUESTION
Can I keep my daughter from visitation with her dad if served him papers?
Asked on Mar 18th, 2016 on Family Law - Nevada
More details to this question:
Ok so he usually picks her up today and I told him I'd pick her up and he responded "isn't it my day?" Can I tell him that I want to keep her until the case gets resolved? Can I do that? There's no court order yet.
1 ANSWER
Short answer: "No." Until some court has entered an order, the parents have exactly identical rights of legal and physical custody; filing a motion asking for something does nothing to alter that. If there is a danger, or some other emergency, speak with your lawyer about an order shortening time, or even an ex parte request; otherwise, while you can "want" anything in the world, you can best avoid self-help by both parties by making some temporary arrangement you can live with until you get to court.
Answered on Mar 19th, 2016 at 3:36 PM