Question asked on January 16, 2021
Q: I currently reside in the state of Nevada and my wife had an affair and now has moved back to Kentucky with our kids. My kids are legally still residents of Nevada is there anyway I can get them back to their home of residence?
A: Much depends on timing. If the children and both parents were living in Nevada for at least 6 months, and they have been gone for less than 6 months, Nevada remains the “Home State” and therefore you could file for custody, and for an order requiring them to return to Nevada. Some details in the article “The Basics of Family Law jurisdiction” posted on our Child Custody page.
You probably should consult with a family law specialist in the near future.
Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law. He is a Certified Family Law Specialist, a Fellow of both the American and International Academies of Matrimonial Lawyers, former Chair of the Nevada Bar Family Law Section and former President of the Nevada chapter of the AAML.
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