QUESTION
Who has custody when the parents aren't married
Asked on May 25th, 2014 on Child Custody - Nevada
More details to this question:
My son and his girlfriend and their baby(my grandson) moved to Nevada with us in February 2014.to save money. They have obtained drivers licenses, registered their vehicles and have obtained jobs. The mother wants to move back to Ohio with the baby (9 months old) because she misses her family. She owes a great deal of money to several places and cannot financially afford to support her child plus is not 100% emotionally stable. What should my son do? Thank you for your help
1 ANSWER
Your question, as phrased, is not a legal question. If you mean what CAN he do, he could file for child custody while everyone remains in Nevada. The rules are complicated, but on the facts you indicate, if your son files an action relating to custody while everyone is here, Nevada will have jurisdiction to hear the case. If the girlfriend returns to Ohio before anyone files anything, Ohio will have jurisdiction to hear the case. of course, in either case, it does not determine who would prevail in such an action, or what order would eventually be entered. For the jurisdictional rules, see "the Basics of Family Law Jurisdiction," and for substantive analysis of how custody cases work in nevada, see the other materials and information posted, all at:
http://willicklawgroup.com/child-custody-and-visitation/.
Answered on May 26th, 2014 at 3:30 PM