How to Get Custody Returned

My question involves a child custody case from the State of: Nevada,
Mom moved to Nevada from Missouri about five years ago with childs father, he starts abusing her as well as his other family members, father has criminal record, after about a year she was able to hide out until she saved enough money to come back to Missouri, has been back between 9 months to one year, a month ago father shows up with custody papers from Nevada, and law enforcement in Missouri and took the child from his mother.... She has some police reports documenting the abuse, plus his arrest record.

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Quoting cissie

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My question involves a child custody case from the State of: Nevada,
Mom moved to Nevada from Missouri about five years ago with childs father, he starts abusing her as well as his other family members, father has criminal record, after about a year she was able to hide out until she saved enough money to come back to Missouri, has been back between 9 months to one year, a month ago father shows up with custody papers from Nevada, and law enforcement in Missouri and took the child from his mother.... She has some police reports documenting the abuse, plus his arrest record.

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Mom needs an attorney, in Nevada to challenge that custody ruling, particularly since it appears that she was never served.

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Quoting llworking

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Mom needs an attorney, in Nevada to challenge that custody ruling, particularly since it appears that she was never served.

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looking for another alternative working, single mom, other children in the home, living on a budget, take to long to save $1500.00 for lawyer.

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Quoting cissie

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looking for another alternative working, single mom, other children in the home, living on a budget, take to long to save $1500.00 for lawyer.

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With your set of facts, I don't see any other alternative.

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Quoting llworking

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Mom needs an attorney, in Nevada to challenge that custody ruling, particularly since it appears that she was never served.

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She deliberately hid the child and I'm not seeing anything indicating that Dad was convicted of anything. With that set of facts, I can absolutely see Dad filing an ex parte and then obtaining custody. It's not like he had much choice, let's face it.

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Quoting Dogmatique

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She deliberately hid the child and I'm not seeing anything indicating that Dad was convicted of anything. With that set of facts, I can absolutely see Dad filing an ex parte and then obtaining custody. It's not like he had much choice, let's face it.

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Which is why I said, with her set of facts, that I don't see any alternative but to hire an attorney.

The only chance mom MIGHT have is if it can be shown Nevada lacked subject matter jurisdiction over the custody case.

Which would apply ONLY IF the father initially filed for custody in NV after the child lived in MO for more than six months.

The math is simple to do, and only requires finding out the date the custody petition was first filed in Nevada, compared to the date the child first moved to Missouri. If dad for whatever reason waited to file for custody 7 months after the child was already living in MO, and dad showed up at mom's doorstep two months later with a NV custody order, that could be a problem.

In which case AN ATTORNEY (but more likely one in each state) would be required to show that NV lacked subject matter jurisdiction over the case, and that while a temporary custody order that is deemed a bona fide emergency would allow NV "temporary" jurisdiction, Missouri would be the only state that would have exclusive continuing jurisdiction to make an initial and final determination on custody.

But aside from this there are other issues if mom was never served, even if NV does have jurisdiction. But in this instance a NV attorney would be almost absolutely necessary.