Legal Question in Family Law in Nevada

Child Custody/Mother won't return child

I have full custody of my 9 year old daughter. I let her see her mother without any kind of written agreement. The mother is now refusing to return the child til the end of the summer. The custody paper does not have any visitation for the mother i was just doing this to be nice and now she is refusing to return her. Is there anything i can do. The divorce decree states i have full physical custody.


Asked on 6/29/07, 12:52 am

1 Answer from Attorneys

Joseph Scalia Joseph A. Scalia & Associates

Re: Child Custody/Mother won't return child

You have 2 choices.

If you have custudy, and the order/decree does not allow Mom to have any visitation- Call the police and show them the order. Usually the polce will escort you to the location to pick up your daughter.

If that doesn't work, you have to file an Emergency Motion for return of the minor child. You did not explain why Mom has no visitation, unless she has a drug/alcohol/violence or mental problem or is otherwise unsuited to have visitation, she will be allowed to modify the order to allow regular vists.

I assume she isn't a danger to the child ( or you wouldn't have let her see your daughter)

So It is important that you get your daughter back ASAP and then deal with Mom's vists, holiday schedule etc,

Good Luck

Joseph Scalia

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Answered on 6/29/07, 1:46 am


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