QUESTION
Can my sister move out of state with her 6 month old son if she's not married to his father?
Asked on Nov 30th, 2014 on Child Custody - Nevada
More details to this question:
My sister lives in nevada with her 6 month old son and her boyfriend (the baby's father). She is tired of being in the relationship because he's controlling and has anger issues. She wants to move with me to North Dakota. Can she leave with the baby without going to court? Or is that still considered kidnapping?
1 ANSWER
Whether such a move is "kidnaping" is still being debated in legal circles -- the recent Druckman decision, in which the Nevada Supreme Court held that the usual relocation rules apply even to unmarried persons, so long as paternity has been established (by court order or by dad being on the birth certificate) is currently on "rehearing" (there may be a second opinion). But for now, the safe bet is to not relocate out of state without getting written permission of the other parent, or a court order. For explanation and details of relocation matters, see http://willicklawgroup.com/child-custody-and-visitation/.
Answered on Nov 30th, 2014 at 1:30 PM