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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3471
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I live in Nevada and have a six month old with my girl

Customer Question

I live in Nevada and have a six month old with my girl friend. She has just moved out because she wants to move back to Penslyvania she has told me I cant stop her. How do i not have my son move out of state.
Submitted: 1 year ago.
Category: Family Law
Expert:  Michael J, Esq. replied 1 year ago.

Hello and thank you for contacting JustAnswer. My name is Michael; I look forward to assisting you today.

Have you established parental rights through the court system?



Customer: replied 1 year ago.
No she just took off and said she was taking him
Customer: replied 1 year ago.
I have a good job in vegas own my own house and no criminal record. But she says a judge would not grant joint custody
Expert:  Michael J, Esq. replied 1 year ago.

Thank you.

In situations like this, the court would have no legal reason to prevent her from going, because there is no legal father. Under Nevada law, the court automatically gives primary legal and physical custody to an unmarried mother until other paternity is established. The Father can establish paternity in two ways: 1) Both parents signing a Voluntary Acknowledgement of Paternity (probably wouldn't happen in your case) and 2) Filing for paternity with the court.

Once paternity is established, the court could then rule on whether the custodial parent would be allowed to move.

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DISCLAIMER: This is not legal advice and I am not your lawyer. My questions are based on my knowledge of the jurisdiction where I am admitted to practice, my experience on this site over several years, and research on the relevant laws and statutes for your jurisdiction, if any. My information is not advice and you should always speak to local counsel before you act.



Customer: replied 1 year ago.
but what if I am on his birth certificate
Expert:  Michael J, Esq. replied 1 year ago.

That is not one of the ways to establish paternity in Nevada. You must establish it through one of the two ways.