Q: My ex took my son at 2 months out of state to new mexico and said he would come back, but now is saying he's not.
It's been 6 months and he's been saying our son's not coming back to Nebraska. We were never married and never established custody rights. Am I able to go get our son and bring him back to Nebraska with me?
A:
It depends. Was paternity ever legally established with the father? Have you had any contact with your child in the last 6 months?
Generally the State where the child has been residing the last 6 months is the state that gets to decides custody when there has not previously been a custody order entered. If the child has been physically residing in outside of Nebraska, Nebraska may not have jurisdiction to decide the matter. You may need to talk to an attorney in the state where your child has been residing the last 6 months to see what laws apply to your situation.
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