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Mom gives birth in another state to avoid custody claim of father

Many Nevada readers have likely heard of the ongoing custody battle playing out in two nearby states. A father, who had been struggling for custody since before the birth of his 6-year-old daughter, may soon get the results that he had been hoping for. Two years ago, he won the first part of his battle when a court in the state where his daughter is residing, acknowledged that he should have been afforded a right to be heard in the adoption of his daughter. The court ruled then that he would be allowed to visit his daughter once a month.

His quest started more than six years ago when he filed a request for paternity in the state where both he and the mother of his unborn child resided at the time. Without the knowledge of the father, or that of the court, the expectant mother moved to another state, where she went into premature labor. A baby girl was born 4 weeks early, and the mother immediately arranged for relatives to adopt the newborn baby. The father only became aware of the proposed adoption a few days after the birth and tried to intervene, but his claims were dismissed in court.

After Utah's highest court ruled he had been denied his legal rights, the man went back to court in Colorado, where he originally filed for paternity. He seeks full custody of the child, now six years old. Despite the ongoing legal fight between him and the prospective adoptive parents, who reside in Utah, he stated that he will not keep his daughter away from them and would allow them visitation rights. The case was scheduled for further proceedings in Denver to sort out the underlying custody request.

Child custody disputes and visitation issues are two of the most troubling and emotional issues that our courts are often called upon to decide. The parties fighting over the children usually seek a resolution that they believe will benefit the child. Unfortunately, disagreements may exist as to exactly what those benefits may be. Those facing these delicate issues in Nevada may advance their cause by first gaining an understanding of their legal rights and the applicable laws and procedures available to help them present a persuasive argument that is truly in the best interests of any children involved.

Source: sltrib.com, Father fighting for custody of daughter being raised by Utah couple, Brooke Adams Courts, Dec. 10, 2013

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