We have never been married and have no custody agreement. I have lived here for 3 years, 2 of my sons were born here. I am still living with their father now but we have a toxic relationship and it is getting worse. I do not have any friends or family and would like to move my kids back to Las Vegas, NV where I will have a support system. I worry if I make the move I will lose custody even though I am doing whats best for my children.
You can. Likewise, he can file for paternity, custody/visitation and address support here in OK, the home state for the children, and require you to return the children here until resolved, or perhaps longer.
It is not clear from your post if the father is on the birth certificate or if paternity has been established. Also I cannot tell if there is a custody order in place. Mothers of children born out of wedlock are presumed to be the custodial parent. Lets say there is no custody order in place and he is not on the birth certificate, you can move but if he decides to file paternity action for custody if will be in Oklahoma unless you have established your son's residency in Nevada. If there is a custody order in place you have to follow the relocation statute. The next problem that might come up is even though you have not had a civil ceremony formalizing a marriage you may be considered common law married. In that case it would be necessary to file for divorce. There is a lot to condsider. You need to speak with an attorney.
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