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Posted by on Nov 8, 2013 in Child Custody, Child Relocation | 0 comments

Gaining the Return of Your Children From Out of State

Attorney Gary Zernich recently won a dispute over whether a case should be decided in Nevada or Oklahoma. This was a matter where the parties did not have a child custody order in place and the mother had taken the child to Oklahoma. The father wished to establish a custody order in Nevada. If you wish for your child to be returned to Nevada, from out of state, then it is imperative that you contact an attorney immediately.

Having your child returned from out of state often requires immediate legal action

The UCCJEA (which stands for “Uniform Child Custody Jurisdiction and Enforcement Act”) determines which states Courts’ will handle a child custody dispute. Generally, the last state in which the child resided for six consecutive months will be the one to take jurisdiction over your child custody case. Quite often, there will be a dispute between the parties as to which state should hear the case and, in such a situation, the Judges of each state will hold a teleconference to determine which state should hear the matter.

In our recent victory, Gary successfully argued that Nevada should retain jurisdiction over the case as it was the last state the child resided in for six consecutive months before the case was filed. In this matter, Gary’s client came to him almost six months after the child had been taken to Oklahoma. If Gary’s client had waited much longer before retaining an attorney then the case would have been heard by an Oklahoma Court. If the case had been heard by an Oklahoma Court then Gary’s client would have been running the risk that a rural Judge, who does not specialize in family law matters, might not understand the UCCJEA. In Gary’s case the Oklahoma Court ruled on three separate occasions that it was taking jurisdiction. Gary succeeded in getting the Court to overturn its own decision after he  successfully argued to be given time to file a brief and then after a successful argument at the return hearing.

Do not wait to hire a lawyer if your child has been taken from Nevada

If your child has been removed from Nevada then you should contact a parental abduction attorney immediately. The longer the child remains out of state than the more time the other parent is accumulating towards the six month requirement for the other state to hear your case. Allowing your case to be heard in another state would mean relying on another state’s child custody laws, as well as having to potentially travel for the court process, in order to have your matter resolved. It is in your best interests to contact a lawyer immediately in such situations.

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