This is the next post in my series addressing whether a parent can move a child out of Nevada when there is no custody order in place. My last article discussed how to request permission from the court to relocate immediately. It is important to remember that requesting permission to relocate immediately with a child begins with filing a motion with the Court and asking for “shortened time.” In order to request permission to move away with a child immediately, there must be a good reason for the move and for the “shortened time.” An example of this is if the custodial parent receives a new job and must begin in only a few weeks. Relocation matters can be confusing so it is recommended to seek counsel when you or your co-parent are moving out of state. In this article, I will discuss how to handle a situation where a mother moved out of state with the child and without permission from the Court. If you or a family member are in need of assistance, then contact my office today to speak with a lawyer.
The first step to ensuring your child comes back to Nevada is to file a Motion for Return of the Child and to receive a pickup order
When your child’s mother has moved out of state with him or her, the first step to remedy this is to file a Motion for Return of the Child. This motion is typically filed ex parte which means that it can be granted without waiting for a response from the child’s mother. The motion will be filed with the Court and the judge will sign it within the next few days. The judge will then issue an order stating that the child must be returned to the state. Law enforcement will often help return the child safely back to the state if the mother is failing to cooperate.
Following this, the Court will also set a date for a court hearing which she will be required to attend to explain her actions. Law enforcement will also help serve the mother with the order and let her know she must return for a Court date. The purpose of the hearing will be to determine whether the mother should be held in contempt of court for moving the child out of state without permission. Essentially, the mother will need to have a good reason for leaving with the child and prove why she should not be held in contempt of court. When someone is found in contempt, this means that they purposely or knowingly interfered with a judicial order. In response, the judge will usually impose sanctions and state what must occur to regain compliance with the order. This may also include a temporary modification of the custody order.
Las Vegas fathers must wait for the court to sign the pickup order before proceeding with the process
Parents will often try to personally demand the return of the child once a motion is filed. However, taking this situation into your own hands before receiving a response from the Court would likely make matters worse. Not having a full understanding of the legal system can potentially cause a lot of problems so you should consult with an attorney before proceeding. Once the motion is filed, the parties must wait for the judge to sign the order before continuing the return process. Once the order is signed, the father should contact the local Sheriff’s department and meet them near the address where they believe the child is residing. The police will assist with serving the pickup order and returning the child.
I am an experienced Las Vegas fathers’ rights attorney. I have handled many matters where a parent has relocated out of state with a child. It is important to protect your rights. I understand the serious nature of relocation cases and my office will give your case the attention it deserves. I devote my practice to the handling of family law, and I pride myself on providing a high level of service. If your child has been brought out of state by their mother, please contact my office immediately so we may assist you. Contact us online or by telephone today to schedule an appointment. I look forward to speaking with you.