If I think that the other parent may kidnap my child, is there anything I can do?
As part of a custody case, the judge can order the other parent to produce your child in court if the judge believes that the child has been, or is likely to be, taken out of Nevada or hidden within Nevada. At that point, the judge can put certain requirements into place to help ensure that the custody order will be followed.1
If the other parent is holding your child in violation of a custody order, you can file in court for a warrant to take physical custody of your child if you think s/he is likely to suffer serious physical harm or be removed from the state by the other parent. If a judge grants the warrant, s/he could order the police to enter the private property of the other parent and, if necessary, take physical custody of your child by force.2
The judge can order the other parent to provide money to the court (post a bond) if the judge believes there is a serious risk that s/he will try to leave the country with your child and the other parent:
- lives in another country;
- is a citizen of another country;
- has a passport from another country;
- frequently travels to another country; or
- became a citizen of the United States after marrying you.3
The judge will set the amount for the bond, which should not be more than what it will cost to locate your child and return him/her to the U.S. if taken to a foreign country.3
As with all custody issues, we recommend that you talk to a lawyer for help. To find a lawyer or legal aid program in your area, please visit the NV Finding a Lawyer page.
1 N.R.S. § 125C.0055(1)
2 N.R.S. § 125A.525
3 N.R.S. § 125C.0045(8)(b), (10)