Yes, dad can get custody if that is in the child's best interests -- and it appears that has already happened, even if only "temporary". Mom not being able to support herself is a problem. And mom not having an attorney when dad has one is a very big problem. Mom needs to try and get funds to retain an attorney, or try and get one through a pro bono provider.
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Parents need to be able to support themselves and their children. If mom cannot support herself how can she possibly support a child also? That doesn't mean she won't get to see the child for visitation, but if she has no place for the child to sleep, those visitations cannot be overnight. Good for mom for not doing drugs, drinking or breaking the law, but if she wants custody, she is going to have to buckle down and find a job, and get a roof over her head. If not, then it's in the best interest of the child to stay with dad. Read more on custody rights at www.rightlawyers.com. Good luck!
Right Lawyers, Las Vegas, Nevada. The information provided herein is intended to be preliminary and informational ONLY and is provided "as-is" without any warranty, express, implied or otherwise, including as to its legal effect, accuracy and/or completeness. It is not legal advice nor may it be relied upon as such. The review of this information does not establish an attorney-client relationship. The information contained herein is not a substitute for the advice of your own attorney.
Ability to feed; dress and shelter the child is considered in determining the best interests of the minor in custody disputes. Its unclear from the facts presented if there's a court custodial order in place or if you have an informal arrangement? Since the parents were never married, Dad would have to file for a Complaint to Establish Paternity and Custody and formalize legal rights; custody and visitation. Mom should seek pro bono representation through legal aid in Elko and/or the State Bar of Nevada who may be able to refer her to a family law attorney in her geographic area. Mom should aggressively seek employment to strengthen her chances of securing joint physical custody of the minor.
Husna Alikhan, Esq., www.alikhanlaw.com TEL: 702-374-6619. Nothing in this response to your posting on AVVO is intended or should be considered as legal advice to your specific situation. Our posting is intended to provide general information of interest to the public. Facts relevant to your situation and not disclosed in your posting may affect your specific legal rights and remedies.
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