QUESTION

How can I get full custody or sole custody?

Asked on Jul 18th, 2013 on Child Custody - Nevada
More details to this question:
My son's father abandoned us for 6 months on a drinking and partying hiatus. I tried calling but he wouldn't answer the phone and he went to a different state, so no matter how hard I tried I could not get in contact with him. I resorted to calling his best friend to reach him. Although they live in the same house and his friend would tell him it was me on the phone, I could hear him refuse to answer. Eventually, he lost his job and has spent the last couple of months homeless. Now, he claims he's been sober which probably means still heavy drinking. He got a new job and wants to be in my son's life. I don't want him around. I know its only a matter of time before he is drinking and getting high again. I was with him for four years begging him to get treatment but he never did. Unfortunately, the only proof I have is an email where he apologizes for the domestic violence he inflicted on me when he was on drugs. Is there any way I can at the very least prevent him from having alone time with the baby? At best I would like to have sole custody. The baby was born in Arizona. After he abandoned us (moved to MN) I moved in with my mother in Colorado.
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1 ANSWER

Immigration Attorney serving Las Vegas, NV at Reza Athari & Associates, PLLC
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First, if you and your son's father were never married then he may need to establish paternity in order to show that he is entitled to custody of your son. There are several presumptions that may allow him to establish paternity, or he may be required to take a paternity test. If there is no court order awarding him custody and you were never married then it is likely that you are presumed to have primary physical custody and if he wants visitation then he needs to establish paternity first. If you want to proceed with gaining sole custody, then you could file a Complaint for Custody, or Nevada, you could file a petition to terminate parental rights, and show the father has abandoned his son by failing to provide financial or emotional support for 6 months. If you decide to file a Complaint or Petition for Termination, then you should do it quickly because the more time that passes, then the more he will be able to show that he has recovered and should be awarded visitation.
Answered on Jul 19th, 2013 at 5:24 AM

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