Legal Question in Family Law in Nevada
my fiances ex girl friend took their 3 year old son and moved from las vegas to P.A. she did not tell him they were moving, and would hardly ever let him see the child. can he claim kidnapping for her taking him to another state withot his consent?
2 Answers from Attorneys
I think you ought to reconsider marrying this fellow if he already has a child and is not doing everything he can for it. You should not be the one seeking legal advice for his child. If he is, infact, doing everything he can, then his best bet his to hire a lawyer immediately to work on a motion for a pickup order, order to show cause, and sanctions per the UCCJEA. Other questions he will have to answer is whether his paternity has been established, whether a custody order has been put in place, how long ago she moved, why he waited until now, and other questions.
www.familylawyerlasvegas.com
Mr. Wright is correct as to questions to be asked. For an explanation of the relevant timelines governing jurisdiction, etc., see the article titled "The Basics of Family Law Jurisdiction," on the Published Works page of our firm web site, at http://www.willicklawgroup.com/published_works. For background on birth certificates and paternity actions, etc., see http://www.willicklawgroup.com/paternity.
But to answer the question you asked: no. In the absence of a court order, being violated, Nevada law does not provide for a "kidnapping" case wither civilly or criminally. If he is interested in having a relationship with this child, he should figure out which state has jurisdiction, and move to establish custody, visitation, and support accordingly.
He should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV.
If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.