Legal Question in Family Law in Nevada
My son is the father of a 6 weeks old son. They are not married and he is currently NOT on the Birth certificate. She keeps dropping off the child at his apartment stating she can not handle it and her mom called to say she is mentally unstable. He wants custody of son and wants to move in with me in New York. THey currently live in Nevada. He fears she will do something to the child. He is willing to take the baby. He has been willing to baby sit before, but she keeps doing this one week and telling him he cant see him other weeks. What should he do to get full custody?
3 Answers from Attorneys
The situation you describe is a straight up paternity and custody case. See the Paternity and Child Custody pages of our firm website, starting with http://willicklawgroup.com/paternity/.
His next move is an in-depth consultation with a family law specialist, who can advise him about first those two subjects, and then the Nevada law of relocation (also discussed at length on our Child Custody page). See http://willicklawgroup.com/consultation-policies/.
Of course, if he sees an immediate threat to life or safety, he should do whatever he deems necessary to protect the child -- realizing that there could be legal consequences to any action he might take. Seeing a lawyer is probably better sooner than later.
Gosh, he needs to establish his paternity through the courts and seek primary custody and then either ask permission to move from the mom, in writing, or file a motion to relocate with family court. That is the way to do it right.
Unfortunately, there is no simple answer to your questions. Your son should schedule a consultation with an attorney immediately. If he cannot afford an attorney, he should contact Nevada Legal Services or Legal Aid Center of Southern Nevada.