This is the next post in my series on the rights of unmarried Nevada dads. My previous article discussed the process by which unmarried Las Vegas fathers can obtain a custody order. I gave a detailed overview of each step from submitting Court filings to receiving a final Order from the Judge. I also detailed the benefits of obtaining a lawyer to assist you in your case. In this post, I will detail what an unmarried dad can do if the mother of their child wishes to move out of state. If you find yourself in such a situation, it is important that you contact an attorney as soon as possible. If you or a loved one requires assistance, contact my office today to speak with a fathers’ rights lawyer.
Mothers must ask for permission before moving out of Nevada with their child
Nevada child custody laws restrict an unmarried mother, without a custody order, from moving out of state as long as paternity of the child has been established. Nevada differs from many other states in this regard; most other jurisdictions only restrict the ability to move once a custody case has been filed or a custody order has been entered. Pursuant to the Druckman decision, however, a Nevada parent will only be able to move out of state by either gaining written permission from the other parent or from the Court. This means, in other words, that if the father’s name is on the birth certificate, the mother must seek permission to move out of state with the child. Moving without such permission can result in serious legal consequences.
If a mother moves out of state with the child without permission and paternity is established, then the father will have options. The first step is to file a Complaint for Child Custody. Concurrently, one may file an Ex Parte Motion for the return of the child. This Motion will be requesting that the child be returned to Nevada and that law enforcement assist you in retrieving the child and their belongings. Once the child is returned, there will typically be a court hearing for the mother to show cause why they should not be held in contempt for taking the child out of state. The Judge will then determine the consequences, as well as lay out the next steps in custody and visitation.
It is important for unmarried Las Vegas fathers to obtain counsel when the mother moves out of state with the child
It is incredibly important that a father seeks counsel as soon as they are aware that the mother has moved the child out of state. This is important for multiple reasons. If you wait to obtain counsel for days, weeks, or even months, the Court is less likely to treat this as an emergency, and they may question your motive. Say your child is moved out of state and you are very upset, but you don’t look for an attorney and you do not start the process with the court for two months. The court may interpret that period of time as you consenting to the move and question why you waited so long to get your child back. Also, the Judge is making their decision based on what is in the best interest of the child. If the child is settled in their new home, the court may be less likely to want to uproot them again to return them to you. Thus, it is incredibly important to act quickly as soon as you learn that your child has been moved out of state.
If your child’s mother moved out of state with your son or daughter, it is strongly encouraged that you retain counsel to assist you. I am a Las Vegas fathers’ rights lawyer who prides herself on providing quality service. If you have any questions or require assistance, call my office today to speak with an attorney.