Legal Question in Family Law in Nevada
I have a grandson, 3mo old. mother in jail at time of birth, her mother (grandmother)now is filling for custody but has not yet done. we have no notice from court. can my son (which is father) go and take custody of child. mother is of child is in agreement.
ken brown
1 Answer from Attorneys
I wouldn't advise it without going to the police first. Is he married to the mother? If not, did she sign an Affidavit of Paternity? Without either of those, he has to establish paternity. If he is on the birth certificate, then I would go to the police to say that he would like to pick up his son, this way if they allow it, he won't get arrested for kidnapping. Better to go slow rather than risk criminal action.
He should be pro-active and file a Petition to Establish Paternity with the family court because sooner or later, he will be declared the father. If the government pays welfare or when mom is out of jail, the D.A. will file a petition so they can get him to pay child support.
If you would like more info, you may email me at [email protected]
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
