QUESTION

Will my wife face criminal charges and could her parents as well?

Asked on Aug 10th, 2013 on Child Custody - Nevada
More details to this question:
I filed for a divorce in Reno Nevada because that’s where my wife has lived for 12 years. I have been married for 3. When she was to be served they found out a week after trying that she no longer lived there. Upon further digging, I found out that she left the state to her parents in Louisiana. I am going to talk to my lawyer but I just need some peace of mind that I can get my son returned. She never told me she was leaving moved out of the house took all my stepsons possessions to hid and just left. Her mother flew over to drive back and assisted her in taking my child. I filed a police report and just want to know how this is going to go through. Will she face criminal charges and could her parents as well? Please help me.
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1 ANSWER

Personal Injury Attorney serving Reno, NV at Law Offices of Jill K. Whitbeck
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She will not face criminal charges, as it is not a crime to move with your own child unless there is a court order in place that prohibits the move (she may have violated orders as to your step child, and that should be looked into as you might find an ally in that child's father). However, you can file an emergency motion to have your child returned to Nevada as Nevada continues to have jurisdiction over the child so long as the child was here 6 months and has not been in Louisiana 6 months yet. This could by tricky for you if you do not presently live in Nevada, which your question seems to imply. If you left Nevada, and left your child in your wife's custody in Nevada, you could be found to have abandoned your child. This would work against you in a custody dispute. It is obvious that your situation is complex and has legal technicalities that cannot be figured out in this forum. You should be asking your current attorney these questions, as that is the person most knowledgeable of your case.
Answered on Aug 13th, 2013 at 10:23 PM

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