Legal Question in Family Law in Nevada
Child possession
Wife left with 3 yr old son. Left me with 2 older school aged kids. Blind-sided. She put ''adios'' note in daughter's lunchbox to be found after she left. We're in VA, she's in NV. Divorce hasn't been discussed. I want the 3 yr old to be with his siblings and I. I make considerably more $, live in great neighborhood in nice house. She's working nights at Wal-mart leaving son with ''friend''. No clue where in Vegas she's living. I do not suspect her of infidelity. Are there legal means for me to get son without divorce? If divorce happens, I can give him better schools, etc in VA plus he'd have sibling support. Ideally, she comes home with son and we live happily ever after but that appears remote at this time. We lived in Vegas for 6 yrs but work brought me to VA. She, apparently, doesn't like VA. I've never laid a hand on her or even called her a bad name. This probably constitutes some kind of abandonment. Please advise?
3 Answers from Attorneys
Re: Child possession
The issue is how long as your 3 year old son lived in Nevada? If he has been here more than 6 months, Nevada would have exclusive jurisdiction, if less than 6 months, either Virginia or Nevada could have jurisdiction depending on other factors.
If you don't want a divorce, you could file a complaint for a legal separation.
Re: Child possession
If you have lived with the children in Virginia for 6 months you can file an emergency motion for return of the children to Virginia and get a pick up order. If you lived in Nevada for 6 months and not Virginia you could still file the same kind of motion with the family court here. She does not have the right to take children out of state without your permission or an order from the court.
Re: Child possession
Absent a valid court order providing otherwise(whether in Nevada or Virginia), I'm of the opinion that you could now go to Nevada any time you feel like it and pick up your three year old son and return him to his siblings in Virginia where you believe that he belongs.(There is, of course, the possibilty that if the boy has resided in Nevada more than six months, that your wife could file an action there to have him returned to her custody in that state which the court there would be likely to grant and which could further complicate matters.)
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