Legal Question in Family Law in Nevada

unmarried custody rights nevada

my sons father and i were never married and have spoken to police before regarding custody and i was told that a child out of wedlock meant that it was determined that i have custody regardless of the fact that he signed an affidavit of paternity well i allowed him to see my son and now he says he is not going to give him back is he allowed to do this or is there something i can do?


Asked on 1/10/08, 8:27 pm

3 Answers from Attorneys

Jim Herbe Black & Lobello

Re: unmarried custody rights nevada

Thank you for your inquiry.

If you have a child with an unmarried father and he has established paternity by signing a sworn affidavit you both have joint custodial rights to the child. In situations like yours you need to have a Court-ordered custodial/visitation arrangment.

Clark County does have a Self-Help Family Law Center to guide you if you wish to file such a petition on your own. However, I would STRONGLY encourage you to hire an attorney to file such a petition on your behalf.

My office handles all family law matters. If you'd like to schedule a free consultation to further discuss your matter contact my office. We offer payment plans and credit card acceptance in all cases.

Best Regards,

Jim Herbe

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Answered on 1/14/08, 11:14 am
Jim Herbe Black & Lobello

Re: unmarried custody rights nevada

Thank you for your inquiry.

If you have a child with an unmarried father and he has established paternity by signing a sworn affidavit you both have joint custodial rights to the child. In situations like yours you need to have a Court-ordered custodial/visitation arrangment.

Clark County does have a Self-Help Family Law Center to guide you if you wish to file such a petition on your own. However, I would STRONGLY encourage you to hire an attorney to file such a petition on your behalf.

My office handles all family law matters. If you'd like to schedule a free consultation to further discuss your matter contact my office. We offer payment plans and credit card acceptance in all cases.

Best Regards,

Jim Herbe

Read more
Answered on 1/14/08, 11:15 am
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: unmarried custody rights nevada

An affidavit of paternity means he is the father and you two have equal rights until a Judge signs an order with a visitation schedule. If the police won't help you, you will have to hire a lawyer to get a court order for a visitation schedule that the police can enforce.

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Answered on 1/11/08, 10:21 am


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