Legal Question in Family Law in Nevada

Woman has child from previous relationship. Marries a man and after 6 years simply walks out one day, wanting a divorce and leaving HER 13 year old son with the man. Man did not adopt child and he has a biological father living in another state. Whether the child wants to live with the man versus his mother, isn't she guilty of child abandonment and isn't it (for lack of a better term) illegal for the man to have the child in his care since he and the childs mother don't live together and he would therefore have no rights to seek medical attention or sign any papers as legal guardian? Note that she pays absolutely no money for the teen but she listed herself as his only parent when registering him for school and because of her claim of income level (she makes between $12-13 an hour), the teen gets free breakfast and lunch at school. The kids birth father has never paid her child support and she's never gone after any as she wanted him out of their lives in the previous years. They recently reconnected and went to visit him and his family for a week in the last 30 days.


Asked on 9/20/10, 10:56 am

1 Answer from Attorneys
Marshal Willick Willick Law Group

I'm not sure of your question. No, the man on whom the child is dumped is not guilty of anything. is his legal authority precarious? Sure. Could he ask for guardianship, or visitation, or even custody of the teen? Also yes -- special rules for such third parties. TO the degree he is providing for child, can he pursue both biological mom and dad for support, present and past (up to 4 years)? Also probably so. See:

http://www.willicklawgroup.com/child_custody_visitation

http://www.willicklawgroup.com/child_support

http://www.willicklawgroup.com/guardianship

http://www.willicklawgroup.com/termination_of_parental_rights

http://www.willicklawgroup.com/adoption

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Answered on 9/25/10, 11:44 am


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