Nevada Child Custody Legal Questions

Obviously there is a significant back-story here, which might very well affect any recommendation of what you "should" be doing.  You should probably first review both the Child Custody and Child Support pages of our website to gain information about how the various sttutes work and will be applied, which may answer some of your other wuestions.  In any event, you should consult with a family law specialist to go over in detail the full factual and legal history, and get specific advice as to your options going forward.... Read More

It is unclear what exactly is going on.  Normally, you do not present evidence withouit it first being disclosed; here, of course, you assert that the information in question is known to both sides; if you don't want to disclose the extortion material itself, simply refer to it as such, and offer to submit it under seal for "in camera" review if the court really wants to see it.  You should almost certainly consult counsel.... Read More

Your facts are not entirelly clear, but it appears that you would be well served by obtaining an order of Paternity and a formal child custody order.  The relevant rules are explained here and here.  It is not clear whether "getting in your face" is adequate for a Temporary Protective Order ("TPO"); the relevant rules are discussed on our Domestic Violence page, here. Really, what you need to do is consult with a qualified family law specialist to go over the full story, and discuss all of your options.... Read More

Unfortunately, it is not possible to answer that question without an awful lot more information about the background leading up to the removal.  Once children are picked up they appear quickly in a case in Abuse and Neglect court; you need to consult with a family law specialist versed in those proceedings so that your interests, and those of your childrne, can be properly represented.... Read More

The procedural context is not really clear, but if there is no previous custody order this is an original custody proceeding; if there is such an order, this is a child custody modification matter, which can be done by stipulation and order if everyone is agreeable, and if not by contested motion.  You should review the Child Custody page of our website, here, which describes the grounds judges must use in such proccedings, and especially look at the caes dealing with "de facto" custody changes.  A consultation with a family law specialist before proceeding is highly advisable.... Read More

Youir question is not entirely clear.  If a court grants your relocation motion, you are free to leave with the children -- presumably with a new custody/visitation order in place.  The court will probably refer you to mediation if you do not have a plan for a new schedule.  As to what she could do, she could always ask for rehearing/reconsideration, if her contention was that she did not receive actual notice of the hearing, or conceivably appeal.  You should probably consult a family law specialist to go over further details.... Read More

Your facts are not complete, but if you assert that there is no jurisdiction in Nevada, you oppose the motion and request dismissal.  It is impossible to give adequate instructions by email on how to properly format and submit papers, but if yu cannot or do not wish to hire an attorney, for those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.   ... Read More

It would be unwise to give specific advice without knowing the full procedural and substantive history, but the rules require either agreement or requesting relocation through the court before a relocation, which it appears you have done.  A good deal of information about this is posted on our Child Custody page, linked here.  Really, you need to consult with a family law specialist to go over your specific history and facts to have any reliable guidance about what to do and how to do it.... Read More

Your question is not entirely clear, either as to what happened in which order or as to what you are asking.  If you are speaking of a contested case between you and the father for custody, pretty much anything can be raised, but a 20-year-old matter will be considered pretty remote; if yoiu are speaking of a possible criminal or abuse/neglect case, your best bet would be to confer with criminal defense counsel.... Read More

The question does not have a specific answr -- for example, the Nevada Supreme Court has said that no parent should have his or her rights terminated simply for being poor, and it is considered a good thing for a child to have a relationship with both parents.  That said, there are minimums for the safety and adequacy of accommodations for a child, especially one heading into puberty.  Can you ask for those restrictions?  Sure.  Whether it is reasonable, and what a judge is likely to do, would require a much more thorough review of the history and reality of the case -- you probably should have a full consultation with a family law specialist, going over the full hsitory and all court orders, before deciding on a course of action.... Read More

Short answer: "probably not."  There is no requirement of disclosure of sources, although sometimes it comes up, and comes out, during court proceedings.  The situation is obviously sufficiently complex that you should consult with a family law specialist to go over all of your options.... Read More

Well, in order . . . you can file for pretty much anything.  SSI may not be used as a basis for child support.  The trust income would be, and the whole financial picture can be considered.  Normally, the presumption is that both parties are directly supporting the children while living together, so child support is normally not ordered while parties are living together, but there is no rule against it.  And child support is changed upon "changed circumstances" and reviewed every three years; you should review the child custody and child support information and rules here and here, and yes, it would be a very good idea to go over every aspect of your situation with a qualified family law specialist.... Read More

If there has been no naming of a father at the time of birth, and no court action regarding paternity, then under NRS 125C.003: 2.  A court may award primary physical custody of a child born out of wedlock to:       (a) The mother of the child if:                (1) The mother has not married the father of the child;                (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; and                (3) The father of the child:                      (I) Is not subject to any presumption of paternity under NRS 126.051;                      (II) Has never acknowledged paternity pursuant to NRS 126.053; or                      (III) Has had actual knowledge of his paternity but has abandoned the child.         (b) The father of the child if:                (1) The mother has abandoned the child; and                (2) The father has provided sole care and custody of the child in her absence. It is probably a good idea for you to review the rules applicable to child custody, and child support, both of which you can find and review here.... Read More

You can raise lack of service, but a counterclaim does not normally have to be personally served.  Was it mailed to you?  Even if not, "default judgment" is not usually the outcome for service problems; if anything, it tends to result in an extended time to respond.  As a general matter, you should probably seek to address the merits, and not rely on procedural "gotchas," especially for child custody, as to which the Nevada Supreme Court has ordered that every decision must be based on the merits and not a procedural deficiency such as a discovery sanction.... Read More

Every child custody case is different.  Normally, most judges do not meet with children, but a court can ask for an interview to be done by the family mediation center staff, or a private therapist.  You should look over the factors that will be used in any attempted child custody modification, posted here.  And then you should consult with a knowledgeable family law specialist to go over how to document your child's concerns and have adequate evidence to be wrongfully accused.... Read More

There are multiple responses.  First, so long as no one objects, you can live with friends, or family, as you wish.  To ensure no legal problems in case of emergency, it is even straightforward to have a temporary guardianship arranged by way of a simple form.  If there is a disagreement, it gets more complicated, and I would suggest that the potential moving party (apparently, your friend's dad) consult with counsel.  More extreme measures would include "emancipation," but that might require you to prove that you could be self-supporting, which may not be possible. In the meantime, whatever you decide in that regard, you should seek out adequate emotional support, which is available through your school, or outside it and privately.  CCSD has set up telehealth and other facilities for students to have an outlet and resource for emotional support, even during the pandemic, and I strongly suggest you take advantage of it, asap.... Read More

You have a couple of different problems.  First, tracking down the order -- it should not still be outstanding three months later, and it is possible it has been entered and your copy was just never served.  In any event, there are multiple things possible -- an appeal, possibly, but probably more effective a motion for reconsideration or rehearing showing actual payment/assessment of the same sums in a prior judgment.  Either way, you are going to have to speak with California counsel on the matter; no one in Nevada is going to be able to do anything to resolve the situation, and you should contact a lawyer in San Bernardino County.... Read More

The law of teen-age discretion in Nevada is not what many think it is.  Most recently, the Nevada Supreme Court in Harrison v. Harrison, 132 Nev. ___, ___ P. 3d ___ (Adv. Opn. No. 56, July 28, 2016), restricted the use of the doctrine to essentially be non-substantive.  That said, Nevada law permits a “child of suitable age and discretion” to have input as to his custody, and this 17 year old seems to qualify.  Every case is different, of course.  You should look over the factors for a change of physical custody, posted here, and then consult with a family law specialist, in this firm or another, to determine your best course of action.... Read More

Your question is a bit vague -- that said, if the issue is economic, there are always workarounds, and if the matter is either getting or transmitting information, there are multiple alternatives that could be arranged by either court order or agreement.  It might be more efficient for you to think through exactly what problem you are trying to solve, and then call this office or another family law specialist to discuss possible solutions.... Read More

This probably will not work.  The statutes for adoption, guardianship, and custody are all set up to address "children" -- i.e., kids who have already been born.  If an adoption case, for example, was filed pre-birth, it would automatically be "stayed" until the child was actually born. That said, you could have an attorney prepare all paperwork for an adoption or guardianship now, and simply execute/file the paperwork immediately after birth.  You should read up on both of those, as well as Termination of Parental Rights cases, all of which you can read about here.  Then you should consult with a qualified family law specialist, in this office or another, to go over all of your options.... Read More

These factual allegations are too vague to comment on in detail.  You should have an extended conversation with your existing attorney about your rights, obligations, and options, and if you are not satisfied with the results of that conversation, you should schedule a second opinion consultation with a qualified family law specialist.... Read More

Well, the short answer is anyone can say anything.  However, that does not make it reasonable.  For background, see the court's custody factors list, and other materials, posted here.  I also suggest you do a short Google search for "age-appropriate custody schedules."  The Nevada courts, in their "COPE" materials for divorcing parents, also suggest such schedules, the short version of which is that the younger the child is, the less time the child should be removed from a primary care-giver.  It might be a good idea for you to have a thorough consultation about both custody and support with a family law specialist.... Read More

There is a lot of precedent for people making excuses or making up stories trying to make a "temporary visit" into a permanent move, but it is much too detailed to go over by email.  You can represent yourself in the pending motion to have the child returned to Nevada, but your best interest may well be served by hiring competent counsel (a family law specialist) to appear at the hearing.... Read More

Generally, a moving party can always withdraw a pending motion, by filing a simple notice of doing so (the family court self-help center may have a form).  There is an exception where the other side has filed a counter-motion, since that will proceed even if you take off your original motion. Your overall situation, however, appears too convoluted to address by email, and you really should consult a family law specialist about your plan, options, risks, and benefits.... Read More