Legal Question in Family Law in Nevada

I was with my girlfriend for 4 years, we have a daughter who is 4, when she turned 2 she left the state and moved to Florida without my permission, I don't know where in Florida. I found her on myspace 6 months ago and tried to offer her monthly money in return to have visitation with my daughter. She said no but then yesterday I got served child support papers. I went down and picked up the papers but how do i go about getting visitation rights now that I can pay her child support. And who can I talk to about the situation revolving around not knowing where she was or why I haven't paid in the past couple of years. I don't have much money or knowledge. What can I do. She is still living in Florida and I am still in Nevada.


Asked on 2/10/10, 10:03 pm

1 Answer from Attorneys

Marshal Willick Willick Law Group

You are a bit vague with some relevant facts -- especially whether (1) oui are on the birth certificate and (2) whether any custody or support orders were ever entered in Nevada before she left for Florida. These things make a difference as to who can do what, where. As a theoretical matter, whether you are paying child support has nothing to do with your rights to visitation or custody; they operate independently.

For details, see the Child Custody (http://www.willicklawgroup.com/child_custody_visitation) and Child Support (http://www.willicklawgroup.com/child_support) pages of the firm web site. All relevant custodial factors (as set out in NRS 125.480) are set out, or linked, on the child custody page, and the statutory support laws are posed on the child support page -- assuming Nevada law applies.

Who was where, when, and for how long, and therefore which state has jurisdiction to enter orders, is not set out in your question. For an explanation of "Exclusive Modification Jurisdiction" and other necessary concepts, see the article titled "The Basics of Family Law Jurisdiction," on the Published Works page of our firm web site, at http://www.willicklawgroup.com/published_works

You should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV. 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. However you decide to proceed, I wish you the best of luck.

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Answered on 2/16/10, 7:58 am


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