Question asked on March 13th, 2018
Q: I let my two children stay with their father for a school year in nebraska. we both agreed on it and i have text messages. I started college and their father doesn’t see them much so I thought it would be a good idea to let them spend time. Now the father is telling me he is not going to send them back.
A: There is not really sufficient information. If the existing order was issued in Nevada, and you remained in Nevada, Nevada has Continuing Exclusive Jurisdiction (“CEJ”) to issue further orders even if the kids have been gone for a year. If the facts are different, or there is no underlying court order, the analysis is different; the relevant rules are explained in “The Basics of Family Law Jurisdiction” along with an easy-to-use flowchart, all posted here. It is probably best for you to consult with a Family Law specialist who understands jurisdictional issues as quickly as possible.
