QUESTION

Can I pick her up on abandonment until we go back to court or will I get kidnapping charges?

Asked on Apr 04th, 2016 on Child Custody - Nevada
More details to this question:
My daughter’s dad has physical custody but has left her to live with my sister. She is enrolled in their neighborhood school. I live in another state.
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3 ANSWERS

Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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You cannot remove the child from the state where the child is now without the father's permission or a court order. Doing so would open you to felony level kidnapping charges. You have to file a motion with the court that issued your present custody orders to modify custody (based on dad not exercising the custody he has), and for relocation of the child to your state.
Answered on May 05th, 2016 at 5:58 PM

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Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
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Go into court on an emergency basis to pick up the child if you feel that it is necessary, but don't just go pick up the child at school. It will start a major situation at least, and put the child through the ringer emotionally.
Answered on May 05th, 2016 at 10:08 AM

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You should file a motion in the court where jurisdiction of the child is, before you just go pick up the child. Unless the child is under the threat of substantial bodily harm, then you would need to contact your local authorities.
Answered on May 05th, 2016 at 9:58 AM

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