When Can You Get Custody By Default

My question involves a child custody case from the State of: Nevada
There was a TPO that was granted and I was the adverse party. This TPO granted the petitioner temporary custody of the kids. I filed a complaint for custody, the defendant was served the same day the TPO was extended. There was never an answer to the complaint I filed for default and it was entered. I had the kids an did not return them since I had the default, contacted the police department and informed them of this and they said if the other party called the police they would come out look at my paperwork and go from there. Long story short kids were given back to other party because the default said entered versus granted. Is there another step that I am missing? We are unmarried if that helps.

You should be working with a lawyer.

First, a court can issue a temporary custody order in favor of the applicant as part of a protective proceeding under NRS. 33.020 if it finds that it has jurisdiction under chapter 125A of NRS and that grounds exist to issue an extended order of protection. From what you are telling us, the court held a hearing, heard evidence, concluded at the end of the hearing that it had jurisdiction to issue a custody order, and issued a custody order. The statutes indicate that you would have had the opportunity to participate in that hearing prior to the issuance of any such order, although it's not clear whether you chose to appear and present a defense.

Second, it's not clear that you filed a lawsuit in the proper court, that you properly effected service, or that you informed the court in which you filed that another case had been filed and that a custody order had been issued in the protective proceeding. The court that issued your order may not even have jurisdiction, or may have ceded jurisdiction to the judge who heard issued the protective order and associated custody order had it been aware of that order. Although your provision of additional facts may shed light on what you did and what you were obligated to do, it would be most expeditious for you to discuss your case in detail with a Nevada lawyer.

Third, as you can see if you read the court rules, esp. Rule 55 on default, there is a difference between having a nonappearance default entered by the clerk under Rule 55(a) and obtaining a judgment by default under Rule 55(b). You appear to be stating that you obtained entry of default from the clerk, but did not subsequently apply to the court for a judgment under Rule 55(b) and that you had no order from the court actually granting custody to you.

We don't have enough facts to even begin to address the competing orders, save for noting that at present the police appear inclined to enforce the one held by mom. If you have more facts to share that might shed light on the factual and procedural history, you may do so, but as I have indicated your best bet is to discuss them with a lawyer.

Advised by criminal lawyer not to discuss details of pending criminal case. Because I could not tell my version of events judge decided based upon an arrest the best interest of children were for other party to have temporary custody. However, at hearing judge stated and made clear that decision was without prejudice to either party in regards to custody and that the judge handling any custody hearings would override her decision. A prove up hearing is being held since defendant never answered custody complaint, and a request for order was submitted. If the judge signs off on the order then I'm guessing everything will be done, unless defendant files a motion to set aside the default judgment.

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Quoting Cancer2102

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Advised by criminal lawyer not to discuss details of pending criminal case. Because I could not tell my version of events judge decided based upon an arrest the best interest of children were for other party to have temporary custody. However, at hearing judge stated and made clear that decision was without prejudice to either party in regards to custody and that the judge handling any custody hearings would override her decision. A prove up hearing is being held since defendant never answered custody complaint, and a request for order was submitted. If the judge signs off on the order then I'm guessing everything will be done, unless defendant files a motion to set aside the default judgment.

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Which the defendant is almost guaranteed to do. I really hope that you have proof of proper service.

Yes, I do.