How to Get Sole Custody and Move to Another State

My question involves a child custody case from the State of:
I have two kids and currently live in Nevada witg their father but he is verbally abusive to me and threatens to beat me and has punched holes in our walls in front of our kids. At times I am scared for my life. What do I need to do to get sole custody of my children so I can move back home since I have no family here. we are not married.and their father is currently not working. Please help.

The law in Nevada recognizes what is called "co-equal rights" for both the unwed Mother and unwed Father of the child(ren) from the moment they are born. However, it is extremely difficult for the Father to actually assert his rights to custody without having paternity established.

Under Nevada law, the mother of a child born out of wedlock has primary physical custody of the child if:

(1) The mother has not married the father of the child; and

(2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered (Note that the "expedited process" is often a form given to the Mother and Father at the hospital. If that form is signed by both parties, it is filed with the Court and establishes paternity by "acknowledgement".)

BOTH 1 and 2 above have to exist for the Father to have any custody rights. If you're not married, number 2 doesn't matter.

So, if you're not married to the Father of the children, and he has not been determined by the Court in a paternity action to be the biological Father, you have immediate legal custody and can take them wherever you want to. Even if the "expedited process" took place (signing the forms at the hospital) you, by Nevada law, still have automatic primary physical custody because you are not married to him.

Leave it to him to later assert his rights, if he chooses to, but get the kids out of that violent environment.

Mom, the presumption in Nevada is against relocation; the burden of proof would be on you to prove that the move is in good faith, and that it would be in the best interest of the children.

So while it's true that without a custody order in place you can go where you want, if Dad objects you're going to have to deal with court hearings in Nevada.

What would be the first step I need to take to make sure if he does try to fight, I would be a step ahead. Which court do I file with and where could I get the appropriate papers?

Well, is paternity established?

Are there any custody orders in place at all?

How far (location-wise) are you wanting to move?

Can you afford to pay for all transportation to and from Dad?

He is the father on their birth certificate and I believe we did sogn the papers at the hospital. There are no custody orders in place and I plan to move to wa. The kids have lived there with me.before and I use to travel back and forth for a year but moved back to try again and it seems like.nothing has.changed. I just want to do whats fast and roght to get out of this situation. he hasnt hit me yet but that doesnt mean he won't

Quote:

---

Quoting Dogmatique

---

Mom, the presumption in Nevada is against relocation; the burden of proof would be on you to prove that the move is in good faith, and that it would be in the best interest of the children.

So while it's true that without a custody order in place you can go where you want, if Dad objects you're going to have to deal with court hearings in Nevada.

---

While that is essentially correct, it is the FATHER who must initiate proceedings to prove that the Mother had moved the children without good faith. Nevada recognizes the unwed Mother as having PRIMARY PHYSICAL CUSTODY. The primary custodian can relocate the children, as you said, if it is in the "best interests of the children". Removing children from a violent environment would certainly qualify for that. (Hopefully, there are some police reports to support that.)

The bottom line is that the Mother has PRIMARY PHYSICAL CUSTODY and the Father would have to challenge the move in Court in order to assert his rights to equal custody. If the Mother resides in another state (usually 6 months) then residence passes to the new State, and the Father would have to Petition THAT Court to assert any rights (which he may not now have in the new State).

I'm not a lawyer, and certainly not YOUR lawyer, but if the kids are in danger, MOVE. Face the possible Court hearings (if any) later.

Ok. Thank you so much. I was feeling completely lost and stuck. Now I feel hopeful again.

Quote:

---

Quoting vkeosavanh

---

He is the father on their birth certificate and I believe we did sogn the papers at the hospital. There are no custody orders in place and I plan to move to wa. The kids have lived there with me.before and I use to travel back and forth for a year but moved back to try again and it seems like.nothing has.changed. I just want to do whats fast and roght to get out of this situation. he hasnt hit me yet but that doesnt mean he won't

---

Hold on :)

Where were the children born, and how long have you lived in Nevada? Could we have a timeline, because the answers might change a little.

Quote:

---

Quoting Dogmatique

---

Hold on :)

Where were the children born, and how long have you lived in Nevada? Could we have a timeline, because the answers might change a little.

---

Excellent question. I had assumed they were born in Nevada. Their place of birth may very well change the whole scenario. The applicable law may not be Nevada law.