QUESTION
Can my ex keep me from speaking to my children?
Asked on Feb 02nd, 2015 on Child Custody - Nevada
More details to this question:
My ex took my kids in November so that they could attend his and his wife's wedding. They were supposed to come back 2 weeks later, but they refuse to return them and have not even let me speak to them on the phone in over a month. I understand financial issues, however, I feel I have the right to speak with my children since there is no custody agreement or any courts involved at this time. Isn't it illegal for him to keep my children from me?
1 ANSWER
Your inquiry raises a lot of questions. Why is there no custody order? Presumably, you two were never married, and no paternity/custody action was ever filed. If that is so, the answer to "isn't it illegal?" depends on whether he was on the birth certificate -- under Nevada law, if SO, you two have exactly equal custodial rights in the absence of a court order, but if NOT, you have custody as a matter of law until some court says otherwise.
Time is not your friend -- even at two or three months, your ex could assert "acquiescence" -- that you are perfectly OK with the current arrangement because you did not do anything about it. And if people live in different states, you could even lose the ability to proceed in this jurisdiction if you let 6 months pass.
You should take a preliminary look at the child custody, child support, and paternity pages posted here: http://willicklawgroup.com/. Then you should make an appointment -- SOON -- with a family law specialist, in this firm, or some other firm, to go over the full history of what happened here, and get a detailed explanation of your rights, and options, before any more time passes.
Answered on Feb 03rd, 2015 at 6:03 PM