Question asked on Dec 16th, 2016
Q: My daughters dad is an alcoholic and has a history of dui there is no custody agreement and he is demanding I give him my address so that he can come take my daughter from me. Do I have to give him my address? She is only 2 months old. He is on her birth certificate.
A:Short answer is “no” but . . . . If both parents are on the birth certificate, they have presumptive joint legal and joint physical custody. That said, you have every right to be concerned if the father has a history of DUI, and you should take steps (i.e., get a protective court order in place) to protect the child. For background information, explanations, and links to the relevant statutes, see here and here. You should consider consulting — soon — with a qualified family law specialist.
Marshal S. Willick is the principal of the Willick Law Group, an A/V rated Family Law firm in Las Vegas, Nevada, and practices in trial and appellate Family Law. He is a Certified Family Law Specialist, a Fellow of both the American and International Academies of Matrimonial Lawyers, former Chair of the Nevada Bar Family Law Section and former President of the Nevada chapter of the AAML.
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