Legal Question in Family Law in Nevada

My 2 childrens father had been absent for the last 5 yrs has not ever paid child support even with a court order. Child support nor I are able to locate or contact him... So how do I file for custody of my children if I cant serve him ? Our children are born out of wed lock and I have been their sole custodian and sole supporter since they were born.


Asked on 10/25/11, 2:40 pm

1 Answer from Attorneys

James Smith James E. Smith Ltd.

You can still file a complaint for custody and serve the natural father by publication after getting a court order to do so. You also could petition the court to terminate his parental rights but this is more difficult as you have to prove your case by clear and convincing evidence and the court will scrutinize the publication process of service more closely than on a custody case. Plus you may want to get an order for child support at some point in the custody case which you would give up in a termination of parental rights case.

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Answered on 10/25/11, 5:55 pm


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