Can I be charged with parental abduction?

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Do parental abduction laws play a role if neither parent has actual custody.. No court papers have been filed or any temporary orders signed by a judge. I have my children in my physical possesion and they where to go back to their dad where they have been up until 2 months ago. I told their father that due to concerns with the children ( which have been documented by a cousenlor) I am not returning them there. Now he says I have abducted them.

Attorney Answer

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Marshal Willick ·
Your facts are a bit vague, but from what you've written, no. There can be no abduction (under NV law anyway) in the absence of a court order and violation of a court order. You do not indicate marital status or anything else, but if the two of you are married, you have presumptive joint custody, and if never married, who has what rights depends on whether the father is on the birth certificate. See: http://www.willicklawgroup.com/child_custody_visitation http://www.willicklawgroup.com/divorce http://www.willicklawgroup.com/preliminary_matters_motions http://www.willicklawgroup.com/paternity
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