QUESTION
If the custodial parent was incarcerated, how do I get my kids back from his parents?
Asked on May 06th, 2015 on Child Custody - Nevada
More details to this question:
I'm in WA and my kid’s father is incarcerated in NV. He was granted primary physical custody because I was moving out of state. His parents have my kids and haven't allowed me any contact with them for year and half now. I just found out my ex is in prison, and I want my kids in WA with me so I can care for them as their grandparents in NV are ill.
2 ANSWERS
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You have to make a motion to the court in the state which issued the custody order or the state in which the children live if it's not the same state. That's the only way to get the kids.
Answered on May 07th, 2015 at 1:48 PM
Personal Injury Attorney serving Reno, NV
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Law Offices of Jill K. Whitbeck
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You need to file a motion to modify custody and relocate the children. If this was a recent situation, you could do so on an emergency basis, but since so much time has gone by, it will have to be a normal motion and run its proper course.
Answered on May 07th, 2015 at 1:42 PM