Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Family Law (https://www.askmehelpdesk.com/forumdisplay.php?f=120)
-   -   Unmarried mothers right to move from Nevada (https://www.askmehelpdesk.com/showthread.php?t=803324)

  • Oct 21, 2014, 04:24 PM
    Portsider
    Unmarried mothers right to move from Nevada
    Can an unmarried mother move out of Nevada with her child against the will of the father
  • Oct 21, 2014, 05:05 PM
    joypulv
    What is the status of the court order regarding custody, if any?
    Has paternity been established with a DNA test?
  • Oct 21, 2014, 07:15 PM
    cdad
    How old is the child ?
  • Oct 22, 2014, 06:30 AM
    ScottGem
    If there is a court order giving the father partial custody and visitation then you cannot move the child if it will not allow the father to exercise his court ordered visitation. If you do, the father can have the mother cited for contempt of court and have the child brought back to NV and the mother might even lose custody.

    If there are no court orders then the mother can move, but the father can go to court in NV to get custody before the child can establish residency in another state. If the father does this he can be awarded custody and bring the child back to NV.

    Whether the mother and father are married has little bearing on this. The important thing is that a father has legal rights as a parent.

    Bottom line is, if you leave the state against the father's wishes without court approval, then the father can get a court order to bring the child back and you could lose custody
  • Oct 22, 2014, 07:53 AM
    AK lawyer
    Quote:

    Originally Posted by ScottGem
    ... but the father can go to court in NV to get custody before the child can establish residency in another state. ...

    Technically, it's the child's "home state" under UCCJEA, not child's "residency". It takes physical presence for six months.

  • All times are GMT -7. The time now is 02:35 AM.