Custody

[jmack0618]

My son lives in CA, has 2 kids and pays child support. The mom moved the kids to NV and he found out after the move. He just found out the mom has been in jail 2 weeks and left the kids in the care of her boyfriend. Can my son take the kids into his custody?

 

[Duranie]

Yes he should be able too. Is there an actual custody agreement? Was paternity ever established? He should be able to go get the kids. If i were Dad I would take them back to CA and file for custody. Jurisdiction requirements for NV is only 6 weeks, so Dad needs to act now.

 

[jmack0618]

There is no custody agreement and paternity was not established. What do you mean by "Jurisdiction requirements for NV is only 6 weeks"? Bringing them back to CA and filing for custody is exactly what he wants to do.

 

[jharris352]

He needs to establish paternity before he has ANY custody rights. Duranie is worried that after 6 weeks the children are NV residents and someone there can file in a NV court for custody. Act now, is the point. He has no right to bring them anywhere until he establishes paternity and then custody.

 

[Duranie]

Was Dad married to the mom? Is there any court order for custody? Dad should see an attorney for advice but in most states if Dad has signed the birth paperwork he is the legal Dad and should be able to get the kids but it depends on if he is the legal father or not. I can tell you the boyfriend that has the kids probably has no rights at all. If mom is in jail there really is not much preventing Dad from being able to get the kids.

 

[jmack0618]

He is listed as the dad on both birth certificates. He went to Family Services at the court house today and submitted for temporary custody to remove the kids. The judge will review it and have an answer tomorrow at 3:00. We don't know that the kids are in an unsafe environment because we don't even know the boyfriend. Considering the kids mom is being held on a domestic violence charge and assault with a deadly weapon it does make us think that it can't be a "great" environment.

 

[Duranie]

Regardless, mom has to prove the move is in the kids best interest and not her. If she moved that far with yet another guy, very doubtful she will prove it especially if dad and extended family are in CA. If by some chance the judge allowes her to stay, I would be asking that mom provide 100% of all transportation costs and get a set visitation schedule. Are the kids in school yet? If it comes to this, he needs an attorney