Question asked on Sept. 30, 2020
Q: My partner (dad to my kids) is threatening me with kidnapping if I move from Nevada with my kids to live with my family out of state. However, his name is not on their birth certificates.
A:That question was recently debated on the family law listserv, with no perfectly clear resolution. The statutes, which you can read here, speak of parents with joint custody and parents with primary custody — there is no specific provision for parents with no custodial orders at all (if the father is not on the birth certificate, then presumably you have never been to court regarding custody). However, this statute says that when there is no custody order, the parents are considered to have joint custody.
The safer course would be to get the father’s consent to relocation and, if you can’t, petition the court for an order permitting the move. You should probably consult with a family law specialist about all matters of paternity, child custody, and child support. For background on all three subjects, see the materials posted here.
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