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brenddiitta
Oct 11, 2013, 01:06 AM
I live in the state of Nevada been here for a year MY son was born in California so what state laws apply to him ?

brenddiitta
Oct 11, 2013, 01:15 AM
OK so I want to file child abandonment my son was born in California I was their my whole life as well now am in Nevada I don't know which state laws will apply for me and my son his father is in California has not been their for two years has never gave me a dime or even cared enough to go see when my son was born my son does not have his last name I want to file child support but I also want to file child abandonment so he won't be able to get any visitation rights or any rights at all

joypulv
Oct 11, 2013, 02:30 AM
Nevada - but as the post you first asked under states, this is not an abandonment, because the child has not been left totally alone. You file for support in Family Court where you live. You need a birth certificate with the father's name on it, and hopefully where he can be located. Without that, you need to get a DNA test ordered, which requires the father to submit to the test.

ScottGem
Oct 11, 2013, 03:14 AM
I merged your two posts. You posted the second one to a "sticky" thread that explained why you can't file for abandonment.

You don't give us enough info though. First, were you married to the father? Second, has he been declared the legal father? Has there been ANY court action with respect to custody, visitation or child support?

As noted you can't file for abandonment, but what you can do is file for SOLE legal and physical custody. You can use abandonment as grounds for that. You can also file for child support if you haven't previously.

If there has been no previous court actions than Nevada would have jurisdiction. If there have, then you may have to file to change jurisdiction first.

If you file for sole custody and he fights you, its possible you will lose, even with the abandonment issue. Courts want children to have two parents. If he makes noises that he wants to be a parent now, the courts may grant him the chance.

brenddiitta
Oct 11, 2013, 05:13 PM
OK so I was not married to him we were together for almost 2 years then got pregnant he was never their for any doc. Appts denied my son to be his. I have messages where he says he doesn't want to see him. I moved states and gave him contact information never bothered reaching out until I reached out for help and threaten me now that he will fight for custody rights if I file child support on him. He has two other kids.he give them money spends time with them but not with my son because he didn't want to loose his girl whom he has the other. Two kids with Now that she left him his is crazy in love with her n stockes her and says he rather die if he can't have her no one can that his kids don't matter because he knows he will leave them with good mothers but he is just. So violent when he gets mad. He has been to jail for drugs. I just want full custody of my son with child support .or not even the child support just full custody of my son. He is not included in the birth certificate my son has my last name

brenddiitta
Oct 11, 2013, 05:16 PM
No I have not tooken this to court
I merged your two posts. You posted the second one to a "sticky" thread that explained why you can't file for abandonment.

You don't give us enough info though. First, were you married to the father? Second, has he been declared the legal father? Has there been ANY court action with respect to custody, visitation or child support?

As noted you can't file for abandonment, but what you can do is file for SOLE legal and physical custody. You can use abandonment as grounds for that. You can also file for child support if you haven't previously.

If there has been no previous court actions than Nevada would have jurisdiction. If there have, then you may have to file to change jurisdiction first.

If you file for sole custody and he fights you, its possible you will lose, even with the abandonment issue. Courts want children to have two parents. If he makes noises that he wants to be a parent now, the courts may grant him the chance.

joypulv
Oct 11, 2013, 05:23 PM
'he will fight for custody rights if I file child support on him'

Yes, that's generally what happens. The stories about him and his ex and his other kids aren't relevant. If you want financial support, expect him to make it difficult, from getting the DNA test to paying. If you want full custody and he wants half, expect a battle there too. And if he's experienced with Family Court, he might get half custody or some sort of visitation, and not pay support anyway, and the two are separate, so you will be going back to court a lot. You can't just deny visitation if he doesn't pay.

AK lawyer
Oct 11, 2013, 05:27 PM
So, to summarize, you need to file in the Nevada courts for primary physical custody and child support. The child's father will have to be named as the defendant and, when he is served with process and files something in response, can be required to submit to court-ordered paternity testing. If he doesn't respond, a default can be entered against him and the court can order that he pay child support.

brenddiitta
Oct 11, 2013, 05:56 PM
How is it not relevant when he is putting my son on the side and won't help out .but then yet he can do it for the two other kids.he has never gave a dime didn't even give my son his last name but gave the other two kids his last name and full support
'he will fight for custody rights if I file child support on him'

Yes, that's generally what happens. The stories about him and his ex and his other kids aren't relevant. If you want financial support, expect him to make it difficult, from getting the DNA test to paying. If you want full custody and he wants half, expect a battle there too. And if he's experienced with Family Court, he might get half custody or some sort of visitation, and not pay support anyway, and the two are separate, so you will be going back to court a lot. You can't just deny visitation if he doesn't pay.

brenddiitta
Oct 11, 2013, 05:58 PM
Since we are in two different states how will visitation apply ? How does that work? )
So, to summarize, you need to file in the Nevada courts for primary physical custody and child support. The child's father will have to be named as the defendant and, when he is served with process and files something in response, can be required to submit to court-ordered paternity testing. If he doesn't respond, a default can be entered against him and the court can order that he pay child support.

Fr_Chuck
Oct 11, 2013, 06:10 PM
The court will work out a visitation plan ( if you can not work out one between the two of you)

Often the court will decide who will pay for transportation of child, the normal will be extended visits over some holidays, and longer viists during summer. ( esp for school age children)

But that is if he even asks for anything, most men will make threats to scare women into doing nothing. They threaten to fight for custody, for visitation, but most do not do anything.

brenddiitta
Oct 11, 2013, 06:27 PM
Thanks am new to Nevada so I don't know the state laws I heard they are very different from California state laws .I just wish I could get full custody even If I don't get child support I just don't think he deserves any rights
The court will work out a visitation plan ( if you can not work out one between the two of you)

often the court will decide who will pay for transportation of child, the normal will be extended visits over some holidays, and longer viists during summer. ( esp for school age children)

But that is if he even asks for anything, most men will make threats to scare women into doing nothing. They threaten to fight for custody, for visitation, but most do not do anything.

ScottGem
Oct 11, 2013, 07:50 PM
Thanks am new to Nevada so I don't know the state laws I heard they are very diffrent from California state laws .I just wish I could get full custody even If I don't get child support I just don't think he deserves any rights

This is the problem. What you think and what the law says are different things. You are asking this question in the Family Law forum. Our answers here need to conform to the law.

Now remember, we are only hearing your side of the story. What the court hears and what the court rules on may be different. It is our responsibility to give you the reality. And the reality is that due to his biological connection to your child (its his child too) he has rights.

Now its possible the court will look at his lack of involvement with your child and the recognize that he only asked for custody when you asked for support. The likelihood of his getting anything more than supervised visitation is small. At least in the beginning. I would guess that the court will require that he travel to you for that visitation. But no one can predict what a court will do so we need to advise you of the possibilities.

If you don't ask for support (and I'm not recommending that) you stand a good chance to get sole legal and physical custody.

brenddiitta
Oct 12, 2013, 02:57 AM
Do you know how long I will have to wait before I can get full sole and physical custody
This is the problem. What you think and what the law says are different things. You are asking this question in the Family Law forum. Our answers here need to conform to the law.

Now remember, we are only hearing your side of the story. What the court hears and what the court rules on may be different. It is our responsibility to give you the reality. And the reality is that due to his biological connection to your child (its his child too) he has rights.

Now its possible the court will look at his lack of involvement with your child and the recognize that he only asked for custody when you asked for support. The likelihood of his getting anything more than supervised visitation is small. At least in the beginning. I would guess that the court will require that he travel to you for that visitation. But no one can predict what a court will do so we need to advise you of the possibilities.

If you don't ask for support (and I'm not recommending that) you stand a good chance to get sole legal and physical custody.

ScottGem
Oct 12, 2013, 04:22 AM
No. Cases like this could drag on for years. Yiur best bet is a good lawyer who can advise.