Legal Question in Family Law in Nevada
Unwed Mother and Father Rights
My sister-in-law is living in Las Vegas. She has a physical disability (MD)and is pregnant. She is not married to the father, who also has a disability (brain injury), and does not necessarily want him involved. She wants to move back to Minnesota to be closer to her family and support system (more services for her disability and child ect.) What legally needs to happen for her to do this? The father says the baby will have his last name, she does not want that. Does the fathers name need to be listed on the birth certificate? What rights does she need to grant to the father? Can she just say she doesn't want the father involved? She is also concerned that he will try to take the baby away because she will need substantial help because of her physical limitations. Do you have any suggestions for resources?
Thank you for taking the time to answer my question and lending clarity and direction.
2 Answers from Attorneys
Re: Unwed Mother and Father Rights
In Nevada unmarried fathers have the same rights as married fathers vis a vis children. Your sister-in-law would need to file a Petition for Custody of the child and to re-locate to Nevada and serve the father. He does have a right to be on the birth certificate. No way your sister-in-law can do unilaterally the things you say she wants to do. If she did it she would probably lose custody if not be arrested.
Re: Unwed Mother and Father Rights
In Minnesota, unmarried parents do not have the same rights as married parents. Unwed mothers have sole custody, by statute, of the children born to them; and the father has no right to have his name appear on the birth certificate unless he and the mother have signed a properly notarized Recognition of Parentage form together. And even if he signs such a form, an unwed father does not acquire any rights of access, custody or visitation unless and until he petitions a court for them and the court determines that such contact is in the child's best interests.
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