Legal Question in Family Law in Nevada
Father threatens kidnapping charges if daughter leaves state with her mother.
My daughter is living in Las Vegas. She has a five year old and custody has never been established legally. Her five year old daughter has never lived with the father who never was married to my daughter. She moved from state to state with her daughter with no problems until now. The father says is she moves from Nevada, he will have her arrested for kidnapping. She is to start a job in another state within 2 weeks. she was told that is would cost $2000 and 4 to 6 weeks to establish custody and she couldn't leave the state until she does. She doesn't have the money to hire the lawyer and the father is a dangerous man who has beaten and threatened her. She had a restraining order and he is now charged with stalking, but has not been arrested. What are her legal options?
1 Answer from Attorneys
Re: Father threatens kidnapping charges if daughter leaves state with her mother
Under Nevada law, the mother of a child born out of wedlock has the sole custody. Absent other circumstances, she is free to move or exercise any other rights as sole custodian. To establish any rights, the father of the child must bring a court action to determine paternity and establish custody and visitation rights, and provide child support. Should he file such an action and your daughter is served in Nevada before she leaves, she may be required to stay until the hearing and pursue a Petition to Relocate.