Nevada Child Custody Legal Questions

Well, sort of. You can agree to change custody, and you can make whatever agreements you want as to ongoing support, but there is no way to "add it to the divorce decree." If either of you double-crossed the other (this is usually portrayed as a "misunderstanding" in the later motion filing) the court might enforce the prior orders requiring payment, all the way back to when the money stopped. It is a heck of a lot safer and more certain to put the terms of your agreement in a stipulation and order modifying the existing order. That DOES get "added to the decree" (again, sort of) insofar as it goes in the court file as an order of the court. That each parent has one child is not the end of the analysis for child support under the statutes. The relative income of the parties is also important for that calculation. Full details about both custody and child support calculations are set out on the respective pages of the web site referenced below.... Read More

Short answer:  changes in custody require either an agreement between the parents or a court order.  The relevant rules are explained here: http://willicklawgroup.com/child-custody-and-visitation/ First step would be have you mom simply ask your dad; if that does not work, the only way to effect a change of custody is to file a motion asking for that result.  You could seek legal emancipation, but that is a pretty tough standard (you have to show how you could be self-supporting).  Otherwise, it is a matter of waiting to age 18.... Read More

Not nearly enough information to make any kind of jurisdictional analysis, or much of anything else.  To do so, you would have to do a chronology, at least a basic one, of who is and was where, when, and how long they have been there, going back a minimum of 6 months or a year.  I presume dad is not on the birth certificate, but I can't tell exactly what court proceedings are pending where. The Nevada Supreme Court very recently decided the Druckman case, indicating that where paternity HAS been established, our regular move/relocation statutes apply.  See information and materials posted at: http://willicklawgroup.com/child-custody-and-visitation/  ... Read More

Your question is pretty vague.  I can't of course tell you whether his lawyer did say any such thing, or why (if so), but no, generally, the LAST court order remains the court order in effect until and unless the court changes it -- if you showed up at his door with a court order showing that you had custody at that moment, the cops should assist you in enforcing the order.  That said, I don't know what his motion claims (an emergency?  Abuse?  Imminent threat to the children's welfare?) so there are lots of things that could complicate the situation.  I'd suggest consultation, asap, with a qualified family law specialist, having in hand the last order, his current motion, and any correspondence, notes, messages, or other information showing what is really going on and why.... Read More

I answered this question some days ago, but the system does not show that it went through; if this is a repeated answer disregard it.  In summary: Custodial restriction orders do not "expire" during the minority of the children, unless so stated on their face -- but they might not be enforced if they have been long ignored, or "acquiescence" could be asserted.  And six years is a long, long, time in family law, so if there has been no complaint, assertions of any harm of any kind, etc., a court today hearing a motion to terminate contact with dad, or for contempt, may or may not be much interested in granting relief.  Much depends on facts that are not stated. I suggest you consult with a family law specialist as to the specific order, and the specific facts -- including why no one said anything for 6 years, and what, exactly, changed recently, and then go from there.  ... Read More

You can bring a petition to terminate the rights of the natural father if you meet the criteria. Two years without any contact would be one factor in your favor, but there are others than must be considered. Terminating parental rights is not easy, and you will need an attorney as doing it yourself is nearly impossible. This is because parental rights have constitutional protection. I recommend you consult with an attorney in your area who is familiar with proceedings of this nature and has successfully prosecuted same.... Read More

Sounds more complicated than can be responded to by email.  i suggest that you start by reviewing the relocation and custody information posted at: http://willicklawgroup.com/child-custody-and-visitation/ Then determine exactly what you want to do, and consult with a family law specialist attorney, in this office or another, to get specific advice as to your specific facts, circumstances, and options.... Read More

Short version, "yes, probably."  The doctors are going to not want to be in the middle of any fight between the parents.  The shortest path to having a clear path to do what is needed without static is to get a court order specifically authorizing you to act on his behalf regarding the kids' appointments, etc.  If necessary, speak to a family law specialist about seeking a stipulation, and if that fails, an order, permitting you to act for the children.... Read More

It depends. Are you on the birth certificate?  If so, per the Nevada Supreme Court's decision just last month in Druckman, then you have exactly equal rights with the mother.  Either way, if matters between you have broken down, your best best is to confer with a family law specialist, and get an action on file to establish formal custody and support orders.  See: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ http://willicklawgroup.com/paternity/  ... Read More

If you are under the age of 18, and have not been emancipated by the courts, then you must go home or you will be deemed either a run away or delinquent. Depending on what happened with your step father, you may need to report to Child Protective Services, the police, a counselor, or some other trusted adult(s). If the situation with him that his making you uncomfortable involves illegal activity in any form or manner, there are resources available to help you stay in a safe place.... Read More

Well, cops are not the best source for legal advice.  Just last month, the Nevada Supreme Court said that natural parents have exactly equal rights to their children, so if you are on the birth certificate, or have an adjudication of paternity, your rights match hers. That said, if you have difficulties, as it would appear, consider looking at these two web pages, and then conferring with qualified counsel: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/paternity/  ... Read More

No competent lawyer would give "odds" on a contested custody case without knowing all the facts.  And you do not give the age of the child, which may be relevant.  See:http://willicklawgroup.com/child-custody-and-visitation/ That said, if what you write are the only relevant facts, a reduction or alteration in visitation seems likely, although courts are very reluctant to terminate contact altogether, and you very well might get asked how YOU think contact and visitation should be facilitated.... Read More

The story is a bit convoluted -- if I understand the history: For 13 years, you and the dad have not lived together. During that time, he has had physical custody, on paper, and the child has mostly lived with him, but for months or years at a time, you and he have divided custody, in one way or another, or the child has lived mostly or entirely with you. On your questions: If you cannot continue making informal agreements satisfactory to both of you, you can file a motion with family court to have a custody schedule established.  See: http://willicklawgroup.com/child-custody-and-visitation/ And while the question is a bit vague, I don't see who your ex could get "in trouble" WITH for leaving your child in your care, with your consent.  Finally, yes, under the Rivero case, which is posted at the same place, if you go to court anytime soon, the court will do a "one year lookback" to see who has really HAD custody of the child, and the person with "de facto" custody would presumably have an advantage in any further court proceedings, since the parties "voted with their feet" as to where the child should live.... Read More

I'm not sure the facts are clear.  They appear to be: NV court order -- dad still here, so NV still has jurisdiction over the case. Mom in CA; kid goes back and forth on some schedule. If those facts are right, then yes, you CAN file for what is called "emergency custody" in CA, but under the applicable rules, that order will only remain valid until jurisdiction is asserted in NV.  Your alternative is to file the emergency motion in NV, which you can do from CA, of course; this might be more efficient, as it is likely the case will be litigated here either way.  For an explanation, see "The Basics of Family Law Jurisdiction," posted at: http://willicklawgroup.com/child-custody-and-visitation/ Then you should consult with a family law specialist in the place you have decided to file (if NV, you can call this or another family law specialist office).... Read More

Your question is a bit fuzzy.  Our custody laws are gender neutral -- there is no custodial preference for mothers or fathers based solely on that status. Each parent has an independent obligation of support, which (if I understand your question) persists until the child is adopted, if ever.  Whether a bio father has any custodial rights depends on whether he is a legal father -- by signing an affidavit of paternity at the birth of the child, or being adjudicated the father in a paternity action.  If this is not clear, consider the resources posted at: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ http://willicklawgroup.com/paternity/  ... Read More

You are a little unclear as to where you are in the process, but if, as it appears, you have already appeared at a contested hearing of some sort, then no, generally you cannot file a peremptory challenge, except "for cause," and the facts you set out in your question would not qualify. For what it is worth, consider the possibility that you may have mis-perceived the message -- no matter WHAT your situation is, it is perfectly possible that the judge in question HAS seen worse.  Unfortunately, we see the most horrific cases of abuse, even murder; it is possible that the judge was simply trying to commiserate.  But either way, you should probably focus on the merits of the issues that are pending.... Read More

It is unclear what, precisely, you are trying to accomplish.  Your complaints appear to go to visitation, which is a physical custody, matter.  “Legal custody” involves who has the right and responsibility to make parenting decisions -- religion, schools, doctors, etc. -- which does not appear to be your actual concern. I suggest you start by reviewing the information at http://willicklawgroup.com/child-custody-and-visitation/, and once you know what it is you actually wish to accomplish, consult with this office or that of another family law specialist, to see how to accomplish your objective.... Read More

You do not have enough to terminate parental rights, as such requires a minimum of 6 months with absolutely no contact plus more. In your situation, dad has basically reached out twice a year. Parental rights have constitutional protection, and are not easily terminated. To even try to do so, you would need an attorney. If you want child support, file with the DA's office. Then you will have a record as to whether or not dad pays. If you want visitation parameters, such as requiring sobriety and some way to prove that, file a custody case. Or set the parameters in writing and tell dad he must comply if he doesn't like it, he can file a custody case. At the very least, you should consult with an attorney to go over all of your facts and set up a game plan for moving forward.... Read More

First, don't be intimidated, and second, try again to get legal help from the agencies that provide it.  yes, child interviews (directly or through the Family mediation center) can be arranged. If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.clarkcountycourts.us/shc/Supporting%20Documents/self_help_supportingdocs.html.... Read More

Not nearly enough information was provided to permit any kind of meaningful response.  Are you on the birth certificates of these children?  Have a relationship with them?  Where is everyone living (both what State and what residence) and who moved where when? First, I suggest that you take a look at a couple of resources: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/paternity/ Then I suggest that you confer with a knowledgeable family law attorney, in this office or some other, to get answers to your specific questions based on your specific facts.... Read More

From my recently published book, Divorce in Nevada (a layman's guide available on Amazon): If your income is very low and your assets are few, you may be eligible to obtain a divorce lawyer to assist you at no cost or minimal cost through the Legal Aid Center of Southern Nevada (if you live in Clark County), Washoe Legal Services (if you live in Northern Nevada), or Volunteer Attorneys for Rural Nevadans (if you live in rural Northern or Central Nevada). You may also qualify for a free or reduced-retainer lawyer through the Nevada State Bar Association Lawyer Referral Service. Such lawyer services are called pro bono. These organizations have a screening process for potential clients, as well as limits on the nature of the cases they take. The demand for their services is also usually greater than the number of attorneys available to handle cases. If you are eligible for legal services from one of these programs, you should anticipate being on a waiting list. For the truly indigent, most courts have fee waivers available for even the filing fee. You have to ask for such a waiver. A pro bono lawyer should know how to make an application for a fee waiver. In short, if you have very little income and few assets, you are likely to experience some delay in obtaining a lawyer.... Read More

Your question goes in two directions -- first it seems to ask how to get the dad more involved, and then asks for full custody, but does not specify whether you are speaking of legal custody, physical custody, or both.  First, start with some background: http://willicklawgroup.com/child-custody-and-visitation/ Then, consider a consultation with this office or that of some other family law specialist to ask your specific questions about what you wish to achieve.... Read More