Legal Question in Family Law in Nevada

Hello, I am 8 weeks pregnant and I am not married to the father of my child. I do not believe that allowing the father of my child to have custody of the child would be best for the child. He is a drug user, he skips from job to job and is financially irresponsible. What steps can I take before the child is born to make sure the best interests of the child are protected? Also he has threatened to take the child from me once the child is born. Should I report that to the police? What about his visitation rights? Should I give the child his last name or mine? How would it affect his legal rights? What about having his name as the father on the birth certificate?

Thank you very much for your advice.


Asked on 2/24/10, 2:19 am

1 Answer from Attorneys

Marshal Willick Willick Law Group

Well, that is quite a variety of questions. A lot can happen in the next seven months, as well. You don't really say what "threatened to take" means. If you believe you have been threatened with unlawful behavior, consider applying for a Temporary Protective Order Against Domestic Violence. See the information we've posted at http://www.willicklawgroup.com/domestic_violence.

Since the two of you are not married, your issues fall under the subject of Paternity, Child Custody, and Child Support, and I would urge you to carefully review the materials we've posted at http://www.willicklawgroup.com/paternity, http://www.willicklawgroup.com/child_custody_visitation, and http://www.willicklawgroup.com/child_support.

As to names, the legal standard was set out by the Nevada Supreme Court about 20 years ago:

............................

Magiera v. Luera, 106 Nev. 775, 802 P.2d 6 (1990) Out-of-wedlock child; district court's order to have dad's name put on birth certificate reversed where parties had never been married, dad did not pay support until wages garnished; only question is best interest of child; dad not entitled to "tangible benefit" for finally paying support; burden is on party seeking name change to prove by clear & compelling evidence that the substantial welfare of child necessitates a name change.

............................

If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.

Read more
Answered on 3/01/10, 8:46 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Nevada