QUESTION
what are the next steps to find and return my child to nv when the defendant has taken him to CA and filed for custody. child's residency is nv.
Asked on Feb 25th, 2015 on Child Custody - Nevada
More details to this question:
On Dec 10th my husband whom I was planning on leaving and I were headed to court. For domestic violence on my part. Which I pled no contest to. The prosecutors attorney said that the husband was more of the aggressor and has put me in indirect probation. After 6 month my charges will be reduced.after court I decided to stay with a friend due to the fact that he was perpetrating me to have sexual activities with him so that I may stay with my son. I wanted to stay away from him while I had the court paper works started. On Dec 13th I got a important news from social network that he was attempting to leave the state with my son. I rushed there and went in to gather my son and his belongings. I had him stay close by my side. I went to go and put his shoes on and he decided to rush in and snatched my son from me making his body jerk making him crying for mommy. Cops were called and they did not help. Since then he has taken him to ca and will not allow visits or communication. Cont comment
1 ANSWER
Your facts are a bit unclear, but from what was said it would appear that Nevada is the child's Home State and retains jurisdiction; your next move would be to go to court to ask for a custody order and a pick-up order, and then seek assistance in California from the authorities to enforce it. You may want to consider a full consultation with a family law specialist before doing anything since the facts are really unclear and your options might be different depending on lots of things you do not mention -- such as whether the CPS/D.A. folks issued orders as to where the child was to be, whether a judge has any further hearings already planned, who had what rights coming out of the prior round of proceedings, etc.
Answered on Feb 28th, 2015 at 7:03 PM