Legal Question in Family Law in Nevada
My step sister's husband recently left the state with their 3 yr old daughter and stated he will not be coming back. There are no custody arrangments as he just took off. What can she do to get her baby back?
2 Answers from Attorneys
She can file a divorce or custody action and a motion for a pick up order and primary custody of her child. She can also file a Complaint with the authorities for stealing the child but I am unsure what criteria the authorities use insofar as how long the child must be out of state before they do anything. Perhaps her husband is unaware of the consequences of what he is doing. Your step sister-in-law should consult a family law attorney asap.
I agree with James Smith. However, if the are still together he has shared legal custody and technically probably is not kidnapping his own child--but if this just happened and you file an action immediately in family court, Nevada still has jurisdiction if the child was here for the last six months and you can get your kid back. You will want to file a Motion for return of the child and of course as for a pick up order which will allow the police to intercede, as Mr. Smith has stated.
His actions may be seen by the court has against the best interests of the child and this could be in your favor in a custody battle for primary. He has violated your rights and the court will take that into consideration--but he may have a good reason and the court will consider that as well.
She really should consult Las Vegas family lawyer.