Legal Question in Family Law in Nevada
Legal Rights as a Father ?, not married, no court filing, mother moving out of S
I am a single father in Southern California. Actively involved in my 4 yr old son's life. I Pay monthly child support and see my son every weekend under a mutual and verbal agreement with his mother. Would like to know my legal rights as a father, given that there was no marriage or no filing in the court for custody or financial support ?
Mother will be moving to Nevada at the end of the month. Would like to be made aware of any legal implications. That would put me in a difficult situation to file for joint custody or negate my rights as a father at a later date, given the situation. Should I put something in writing before she relocates with our son ? Relationship between the mother and myself is fair, but would like to protect my rights just in case. Are there any child custody laws in Nevada that would contradict our verbal agreement ?
Please advise,
Responsible Father
2 Answers from Attorneys
Re: Legal Rights as a Father ?, not married, no court filing, mother moving out
You have NO rights as the father of your child UNTIL a Judge says that you are the father. Your child will not inherit from you or receive any government benefits if you die unless you establish your relationship legally. It is very important that you file your Petition with the Court and serve it prior to the date that the mother moves from California. That way California has jurisdiction of the matter and will continue to have jurisdiction unless you move from the State, or, in the future, two Judges from CA and NV agree that the matter should be heard in NV. Please file and serve the mother ASAP.
Re: Legal Rights as a Father ?, not married, no court filing, mother moving out
I SUGGEST THAT YOU ACT IMMEDIATELY BY FILING A PATRNITY ACTION AND REQUEST THAT MOTHER DOES NOT REMOVE THE CHILD OUT OF THE STATE OF CALIFORNIA. THE FASTER YOU MOVE THE BETTER IT WOULD BE FOR YOU TO OBTAIN SOME TYPE OF CUSTODY AND VISITATION ORDERS FROM THE COURT DETERMINING YOU LEGAL RIGHTS AS TO THIS MINOR. IF YOU NEED A FREE OFFICE CONSULTATION PLEASE CALL ME AT 310-839-7700
NINA N. GOHARI, ESQ.