Nevada Parental Kidnapping Attorney Las Vegas
When a parent takes a child across state lines without the other parent’s consent or a court order — or when a parent refuses to return a child after authorized visitation — the situation is both an emergency family law matter and potentially a criminal matter. Nevada law provides immediate civil remedies, and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) provides a framework for determining which state has jurisdiction over the custody dispute. Hauser Family Law’s Las Vegas attorneys move immediately in parental abduction situations to protect our clients and secure the return of their children.
Nevada UCCJEA Home State Jurisdiction
The UCCJEA, codified in Nevada at NRS Chapter 125A, establishes that the child’s home state — the state where the child lived for at least six consecutive months immediately before the custody proceeding — has exclusive jurisdiction to make initial custody determinations. If Nevada is the child’s home state, a parent who takes the child to another state and files for custody there is engaging in forum shopping that courts recognize and reject under the UCCJEA. Nevada courts can assert jurisdiction and order the child returned. Other states’ courts are required to recognize and enforce Nevada custody orders made under the UCCJEA framework.
Nevada Parental Kidnapping Criminal Law
When a parent conceals a child or takes a child with intent to deprive the other parent of custody rights, Nevada Revised Statutes § 200.310 criminalizes the conduct as kidnapping. This is distinct from taking a child for a brief, non-concealment purpose. When a court order already exists establishing custody rights, violation of the order by taking the child out of the jurisdiction without authorization may constitute contempt of court in addition to potential criminal charges. Emergency custody orders obtained from the Clark County Family Court can enlist law enforcement assistance in locating and returning a child.
Contact Hauser Family Law — Las Vegas Parental Kidnapping Attorneys
If your child has been taken or retained by the other parent, call Hauser Family Law immediately. We seek emergency custody orders and work with law enforcement and other states’ courts to secure your child’s return.