Legal Question in Family Law in Nevada
do I have rights
the local cops say that I dont have any rights to the kids even though we do not have any cusdoty papers I can not take them home with me to utah she will not stay in touch with me she is trying to get welfare for them but I pay for all the bills and see the kids and her everyweek I hide nothing unlike her she wont even let me talk to the school the cops said if I went too the school one more time there would be trouble for me all I did is tell the school that we did not need free lunchs we could pay were not broke but I am going broke trying to keep are family together The kids want to come to utah with me but they say if I take them out of the state I go to jail we have been in nev for only 5 weeks
1 Answer from Attorneys
Re: do I have rights
I suggest you schedule a consultation with an attorney because the facts need to be fully explored before anyone can correctly explain your rights. The only think I can say for sure is NOT to rely on cops for legal advice.
If you were never married you probably will want to consider bringing a suit to establish custody, especially if your name is not on the kid's birth certificates.
The Court you go to seeking custody is the place of "habitual residence" of the children. If the kids have been in Nevada for 5 weeks, that place probably is not Nevada. Where have they spent the greater part of the last six months - or the last twelve months? That County will be the place of habitual residence and the Court in that County will be the Court most willing to take on the challenge of resolving the issue of custody. So I would suggest seeing a lawyer there first.
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