QUESTION
What action should I take about my sons father moving out state with my son ?
Asked on May 20th, 2017 on Family Law - Nevada
More details to this question:
Hello, So I had a few questions that I really need some advice on, my sons father and I have equal rights to our son (10) he lives with his father but spends weekends with me well two days ago @330 am they packed up what they could and skipped town to what I was told tousan, AZ. They won't answer my calls texts they didn't tell me they were leaving just up and left me here devastated. My question for you is maybe some steps on how I can get him back as far as I know its kidnapping to leave the state without my permission Right? Do I put an amber alert out . also I forgot to mention this is his 2nd time doing this from Florida to las Vegas but I was able to find him on my own this time I just really don't want him to get a slap on the wrist and I want my son back. Please can someone help me out with some advice?
1 ANSWER
You are correct about Nevada law. See the detailed explanation regarding "relocation" cases here.
You can contact the police to ask, but they will probably tell you this is a "civil matter" if you do not believe the child is in imminent risk of harm, and in the company of his primary custodian, and refer you back to family court, where you should file a motion demanding the child's immediate return and, depending on the facts and history, consider requesting a change in primary physical custody based on the move (a recent amendment to the statutes makes such motions a bit easier to bring). If you are uncertain, you should consult with a family law specialist experienced in relocation and custody cases.
Answered on May 21st, 2017 at 5:53 PM