Yountville, CA asked in Family Law and Child Custody for California

Q: I have a temporary custody order from a judge . The father has taken our son to Reno Nevada. How do I enforce the order?

The father has taken our son to a different state and has gotten a restraining order on me. I am not sure how to enforce the original custody order here in sonoma county with the father being in Nevada.??

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: To enforce a temporary custody order from California when the child is taken to Nevada, you need to take prompt legal action. First, you should contact your attorney to discuss the situation. If you don't have an attorney, consider consulting one who is experienced in family law and interstate custody matters.

Since the father has moved to another state and obtained a restraining order, it's important to understand the specifics of that order. Your attorney can help you navigate this and advise on the best course of action. You might need to address the restraining order in the Nevada courts while also taking steps to enforce your California custody order.

To enforce the California order in Nevada, you may need to register the custody order in a Nevada court. This is typically done by filing a petition in the Nevada court, along with a certified copy of the California custody order. Once registered, the Nevada court can enforce the order as if it were issued by a Nevada court.

Your attorney can guide you through this process, ensuring that all legal requirements are met and that your rights are protected. Time is of the essence in these situations, so it's crucial to act quickly and efficiently.

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