Legal Question in Family Law in Nevada
custodial rights
Prior to marrying my husband, we had two children ages 4 and 2. He had custody of our son and I had custody of our daughter. Once married, did this void the custody agreement?
Also, he has recently returned from Iraq and has both of my children in Nevada. I have asked him to please return my children to MS, which is where we were married and the children were born. We have never had any divorce proceedings or any formal seperation, so I need to know what my rights are. Does the custody papers signed by the judge prior to our nuptials still stay in force? If they are still effective, is he in contempt of court? He is in the Army National Guard Active Duty, do I contact his superiors or the MPS or should I go through my local sheriff's dept? Is this felony kidnapping? I telephone my children EVERY night and I have phone records for documentation.
1 Answer from Attorneys
Re: custodial rights
The custody order from prior to the marriage is probably unenforceable. Contact an attorney to petition the court for custody of the children. Under the Uniform Child Custody Jurisdiction Act, the home state of the children is probably Mississippi for now, but once they live in Nevada for six months, Nevada will be their home state and you will have to file in Nevada for any custody proceedings.
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