QUESTION
How does an unmarried father of 3 mo. old baby (named on birth cert.) in Las Vegas NV file for joint custody/placement/visitation immediately?
Asked on Jan 19th, 2015 on Child Custody - Nevada
More details to this question:
I recently split up with mother of my daughter and she moved out with baby. She refuses to allow visitation and won't return calls/text or respond to my offers of financial support for baby. She stated she will be taking baby to ca to visit relatives in the very near future, and if she likes it she'll stay and not return baby to Las Vegas. I am named as father on the birth certificate but I need to know if that is sufficient to establish parental rights or if I need additional documentation/proof so I can immediately file for joint custody/placement and immediate visitation and prevent her from taking the baby out of state in the interim, possibly for good. There's little chance that mediation will work so how do I proceed in the court system to begin the process of obtaining joint custody.
1 ANSWER
If the facts are as you represent, you can relax a bit; some legal changes in the 1980s mean that the parents' filling out an affidavit of paternity (that is HOW your name got on the birth certificate if you two were not married) has the same legal effect as a court order of paternity. See the explanation and materials posted at http://willicklawgroup.com/paternity/.
And if, as you indicate (but did not explicitly say) the child has lived in Nevada since birth, this is the only State with jurisdiction to make a child custody determination for the next 6 months, even if mom leaves with the child during that time. In the eyes of the law, you two have exactly equal legal rights just now. See "The Basics of Family Law Jurisdiction" posted at http://willicklawgroup.com/child-custody-and-visitation/.
Procedures have changed in recent years; as paternity has already been established, you can file an action for child custody, visitation, and support, either "in proper person" (forms at the Clark County Family Law Self-Help Center) or through counsel. You really should consider at least a consultation with a qualified family law specialist before proceeding.
Answered on Jan 20th, 2015 at 2:01 PM