QUESTION
If I leave with my son, will I get a kidnapping charge or can we settle it in my state where we got married?
Asked on Nov 06th, 2015 on Child Custody - Nevada
More details to this question:
My husband and I are not legally separated. I want to start the divorce process but he is not agreeing with my moving back. I have a job offer and family there, the only reason I moved here was because of him. He states I cannot take our son without his permission or he will file kidnapping charges. I cannot afford to fight him in court as I can't really afford an attorney.
4 ANSWERS
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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If there are no child custody orders in place, then moving to another state with your son is not kidnapping. However, Nevada may still be considered the "home state" of the child and if your husband files for divorce and custody, then you would need to return to Nevada for court appearances. That will depend on which state is considered to have jurisdiction. Either way, relocating with your son is not kidnapping.
Answered on Nov 18th, 2015 at 4:19 AM
Under the recently revised statutes, yes, there is a danger of either civil action or even criminal prosecution if you simply leave with the child.
Answered on Nov 16th, 2015 at 11:31 PM
Family Law Attorney serving Las Vegas, NV
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The Law Offices of Mandy J. McKellar
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This question needs more facts. I would suggest consulting with an attorney before you do anything.
Answered on Nov 16th, 2015 at 6:12 PM
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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If the child has been in Nevada for 6 months, you cannot move with the child outside of Nevada or significantly away from the child's father without either the father's written permission or a court order. And if you do, YES, you can be charged with kidnapping/custodial interference at a felony level. The laws on relocation changed as of October 1st. There are very clear steps that must be followed. You are going to have to do your divorce in Nevada. Best that you at least consult with an attorney before doing anything else.
Answered on Nov 16th, 2015 at 6:05 PM