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    Portsider's Avatar
    Portsider Posts: 1, Reputation: 1
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    #1

    Oct 21, 2014, 04:24 PM
    Unmarried mothers right to move from Nevada
    Can an unmarried mother move out of Nevada with her child against the will of the father
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #2

    Oct 21, 2014, 05:05 PM
    What is the status of the court order regarding custody, if any?
    Has paternity been established with a DNA test?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #3

    Oct 21, 2014, 07:15 PM
    How old is the child ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Oct 22, 2014, 06:30 AM
    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
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Oct 22, 2014, 07:53 AM
    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.
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