Legal Question in Family Law in Nevada

This is a long story, but I will try to keep it as short as possible. My MIL and husband's brother-in-law really need some help.

My sister-in-law is 17 years old. She was married when she was 16 so she is an emancipated adult. She and her husband are split up, but they have no legal separation, so they are still legally married. She and her husband have a 1 year old daughter together.

Well, out of the blue, she ran away to Utah with her loser boyfriend, and took the baby with her. They two of them are staying with an ex-felon and a known child abuser. She and the baby's father don't have any legal custody agreement, and he didn't agree or give her any kind of permission to take the baby out of state. He wants his daughter back in NV. He pressed kidnapping charges his wife and booked her as a missing person. She was arrested in Utah, but Nevada didn't want to transport her back, so she was let go.

So both my MIL and the father of the baby at least want the baby back in NV. She is in a dangerous place, and the guy they are staying with has illegal possession of a gun. Her mother is neglecting her (like she has done before), and the little girl just needs to be out of there.

If CPS is called on the mother, will the little girl be returned to her father? He doesn't have a job right now, if that makes a difference. My MIL is totally willing to care for the baby. Is there any way that they can get her back. They have no extra money to get advice from a lawyer.

Please help, anyone that knows anything. Serious answers, please. How can either the father or my MIL get the baby back to safety?


Asked on 2/01/10, 6:36 pm

1 Answer from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

If CPS is called, they may just keep the baby in Utah rather than try to give the baby to Utah. They may not call the dad about court dates, etc. He should file a complaint for paternity and a motion for custody in Nevada. This presumes that the baby has not been in Utah for more than 6 months. The other things is for the MIL to file for a guardianship.

You cannot expect the government to really help as shown by the failure to transport her. Somebody has to step up to the plate and you have to ask yourself, is the baby worth $3000 to $5000 in attorney's fees to get out of that situation.

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Answered on 2/07/10, 9:11 am


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