Legal Question in Family Law in Nevada

I was never married to the father of my two children. he is emotionally abusive and neglects my children. Do I have the right to move out of the state of Nevada with my children if there is no court order of custody or child support or paternity? I would be moving back to the state my chidlren were born in and lived before I moved here.


Asked on 3/31/13, 11:26 pm

1 Answer from Attorneys

Marshal Willick Willick Law Group

Marriage or its absence is not controlling. You do not specify how long you've lived in Nevada (this is relevant to jurisdiction) or if the father is on the birth certificate, having signed an affidavit of paternity. If so, that certificate has the same legal effect as a judicial determination of paternity, and the parents have joint custody. If not, the situation is a bit murkier, and the judges are divided on the legal effect.

On the merits, you should ensure that you have documentation of the type and depth of connections here that would be your case in the event a relocation motion involving joint custody is made. For background and explanation (including the case law and checklists), see http://willicklawgroup.com/vol-25-relocation-where-there-is-joint-custody/ and http://willicklawgroup.com/child-custody-and-visitation/.

Of course, every case has unique facts, and it is difficult to generalize beyond that information. Should you wish to go over the details of the situation and what, if anything could be done relating to it, yoiu should consider a consultation to examine those facts. See http://willicklawgroup.com/consultation-policies/.

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Answered on 4/01/13, 8:49 am


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