Nevada Child Custody Legal Questions

Presuming it is a Nevada order, there IS no "magic age" at which a child can choose, but some courts recognize "teen-age discretion".  For a more complete explanation, see the materials posted at http://willicklawgroup.com/child-custody-and-visitation/.  Primary custody is now defined as more than 60% of custodial time -- see the Rivero opinion posted on the same page.... Read More

Presuming it is a Nevada order, there IS no "magic age" at which a child can choose, but some courts recognize "teen-age discretion".  For a more complete explanation, see the materials posted at http://willicklawgroup.com/child-custody-and-visitation/.  Primary custody is now defined as more than 60% of custodial time -- see the Rivero opinion posted on the same page.... Read More

I presume that you are over the age of 18.  The easiest thing would be to get a 6-month temporary guardianship, if your mom will sign the requisite form (you can start at the Clark County family law self-help center).  Otherwise, you can petition for guardianship.  If contested, or you can't get cooperation, you may want to consult with a family law specialist in this or another office to obtain guardianship.  See: http://willicklawgroup.com/guardianship/.... Read More

If I understand your question, the short answer is "yes."  Nevada law for unmarried parents specifically provides that the father of an out-of-wedlock child whose mother abandons the child has presumptive primary custody.  And yes, you should "do something about it" -- file a paternity action, and establish paternity (if you are not already on the birth certificate), your primary custody, and a support order.  See: http://willicklawgroup.com/paternity/ http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ Then schedule a consultation with this office or that of some other family law specialist, go over all your facts and circumstances, and any written records, letters, e-mails, etc., that support your story, and arrange to have the appropriate papers filed.... Read More

Maybe.  You do not indicate how any current support order was figured, or whether it was correct, or how old it is or whether anything has changed. The rules for calculating support in both primary custody and joint custody cases, with all necessary information, worksheets, and tables, are posted at: http://willicklawgroup.com/child-support/ If you have the relevant information, you can do the calculations yourself, but if you have any further questions, you can call this office or that of another family law specialist.... Read More

Short answer: "yes."  Or obtain a court order.  See the explanation, statutory links, and other resources explaining everything about relocation at: http://willicklawgroup.com/child-custody-and-visitation/ If you still have questions after that, contact this office or that of some other family law specialist.... Read More

Your attorney cannot appear for you at a hearing. You will likely have to testify, and be cross-examined (and perhaps questioned directly by the court) and you need to be there for such to occur. If you do not live in the local area, your attorney can request that you be allowed to appear by telephone if traveling is a financial hardship. However, you need to be aware that Judges rely on being able to visually "size up" a witness/party to decide who is telling the truth and what decision is in the best interests of the child/children involved. That is hard to do when you are on the phone, and impossible to do if you are not present. If you want the best chance of "winning" you need to be there in person.... Read More

Well, the actions you speak of do sound like alienation, but please beware of "articles on the internet."  There's an awful lot of lousy information floating around. That said, you do have some options.  First -- get well informed.  If you have access to a therapist, discuss coping strategies.  There is a second edition of a great book on the subject, which has some excellent advice in it for identifying, coping with, and attempting to neutralize perceived alienation: "Children Held Hostage: Identifying Brainwashed Children, Presenting a Case, and Crafting Solutions, Second Edition."  You can order it through Amazon: http://shop.americanbar.org/eBus/Default.aspx?TabID=251&productId=214361. Consider requesting further mediation to try to reach an agreed behavioral order.  If not viable, confer with your attorney regarding alterations in the custodial or contact schedule necessary to address your concerns.  For background and resources, see: http://willicklawgroup.com/child-custody-and-visitation/.... Read More

Normally, you would want your side of the story, and any evidence relevant, to be part of the court file so if mediation fails and you are back before a judge, the filings give the court something to consider in your favor.  If you feel that there is some reason you should not disclose what you know about the issues, you really should go over both strategy and tactics with a family law attorney.... Read More

I don't really see why you should sign any such thing.  If the child is with dad, what do you need a "joint agreement" to do?  Frankly the burden should be on the other side since, under the older cases, until and unless a stipulation is signed changing custody, he still owes you support notwithstanding where the child is physically. I would not worry too much about "resulting in juvenile or something."  If you did feel some need to go to court to formalize the current arrangement (your question does not indicate why you feel some pressure to do this) you could be quite general and indicate that the child's current attitude and behavior made you conclude that he would be better off living with his father for some time. There may be missing facts that could make a difference.  It might be in your best interest to schedule a consultation with this office, or your prior attorney, or some other, and have someone do a more detailed evaluation of the situation, and list your alternatives.... Read More

Your question, as phrased, is not a legal question.  If you mean what CAN he do, he could file for child custody while everyone remains in Nevada.  The rules are complicated, but on the facts you indicate, if your son files an action relating to custody while everyone is here, Nevada will have jurisdiction to hear the case.  If the girlfriend returns to Ohio before anyone files anything, Ohio will have jurisdiction to hear the case.  of course, in either case, it does not determine who would prevail in such an action, or what order would eventually be entered.  For the jurisdictional rules, see "the Basics of Family Law Jurisdiction," and for substantive analysis of how custody cases work in nevada, see the other materials and information posted, all at: http://willicklawgroup.com/child-custody-and-visitation/.... Read More

Without knowing an awful lot more facts and history, no one could -- or should -- offer any kind of opinion on that question.  First, see: http://willicklawgroup.com/child-custody-and-visitation/ Then schedule a consultation with a family law specialist, either this office or another firm, and get a detailed analysis of your case, options, and alternatives.... Read More

You do not ask a question.  Case law indicates that if consent is granted orally, it may be relied upon, and the passage of five years would indicate that you did consent.  However, every child custody arrangement can be revisited upon "changed circumstances," and the facts you describe certainly qualify as changes since the original order.  I suggest starting with the information, explanation, and linked resources posted at: http://willicklawgroup.com/child-custody-and-visitation/ Then schedule a consultation with this office or another family law specialist office, and you should know what you might do, and the reasonable costs, risks, and benefits of each course of action.... Read More

No, he absolutely cannot do that. Only you can bring a petition to terminate his parental rights, and you would have to prove unfitness as well as the ability to provide for the children on your own (or with a step parent). He is on the hook financially, whether or not he chooses to have a part in the lives of his children.... Read More

Short version: "no." Consider this case holding: In the Matter of Parental Rights as to T.M.C., 118 Nev. 563, 52 P.3d 934 (2002) The Court concluded termination would only serve the father's personal financial interest, and held a parent could not voluntarily terminate his parental rights and obligations unless such termination is deemed to be in the child's best interest, and even if the parent engages in conduct that satisfies NRS 128.105, the child's best interests must be served by termination of parental rights for such termination to be appropriate.... Read More

Well, the short answer is "no," but the question I think you are REALLY trying to ask is: Can the court terminate parental rights of a father who does not spend time with or support a child?" to which the answer is "yes," although it is a very serious matter with serious implications for all 3 of you, and not to be taken lightly.  For background, information, and resources, see: http://willicklawgroup.com/termination-of-parental-rights/ You should probably review the other pages on the same site as to child custody, and child support.  A consultation with a family specialist would be a very good idea. 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

Your question has several parts.  As to the question you actually ask, the custody schedule you describe pretty much IS "sole custody."  At least very much primary.  Or is it legal custody you are asking about?  They define this way:Legal custody refers to the power to make important decisions regarding your children.  The Nevada Supreme Court has defined it as involving a parent “ having basic legal responsibility for a child and making major decisions regarding the child, including the child’s health, education, and religious upbringing.”If you have sole legal custody, you are the primary and final decision maker for significant matters regarding your children, such as which school they attend and who their health care providers are.  The non-custodial parent may still have parenting time and other rights, but does not have the right to make those decisions.Physical custody refers to the physical location of the children, that is, where they spend their time.  Like legal custody, it may be awarded to one parent solely, or to both parents jointly.  It also may be awarded primarily to one parent, and secondarily to the other.Specific parenting time must be clearly stated in any parenting agreement, regardless of who has physical custody.  Provisions for days of the week, school breaks, summer and other vacations, and holidays are typically made in detail.  For further background, information, and materials, see:http://willicklawgroup.com/child-custody-and-visitation/http://willicklawgroup.com/child-support/A consultation with a qualified family law specialist is a good idea.  If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada (702-386-1070 (or see their web site).  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free 15-minute consultations offered on Thursdays at the self-help center.  Self-representation forms are available at the Clark County self-help center website.... Read More

You will need to file a Petition to Establish Paternity, Custody, Visitation, and Child Support. The sooner you can file, the better. You should also continue to try to reach your ex, without harassing her. Your efforts to stay in contact need to be in a form that can be used as evidence. You should also be trying to get information through other sources, such as friends, family, and social media. Consulting with an attorney to better determine your rights and responsibilities, as well as how to procure evidence that can be used in court, is crucial.... Read More

Your question raises huge jurisdictional questions.  If, as you say, EVERYONE left NV, you should not have had to return to court there, but there may be facts missing.  Look at the article "The Basics of Family Law Jurisdiction" -- and the other materials -- posted at: http://willicklawgroup.com/child-custody-and-visitation/ Then I strongly urge you to consult with a family law specialist knowledable about both custody and jurisdiction.  On your substantive question (presuming NV really DOES have jurisdiction, which seems questionable), the answers are the usual options -- negotiation, mediation, or litigation.... Read More

Too many unanswered jurisdictional questions.  If, as I suspect, your custody order was granted in some state other than NV or TX, then the jurisdiction to do anything about your question, given what I think you have said, is now in TX (if everyone left the issuing State, and the child has been in TX more than 6 months).  While you could talk to someone here, it would probably be more productive to speak with TX counsel.... Read More

You do not actually ask a question, but the issues you raise are very serious -- requested termination of parental rights,international relocations. A good deal of background on both topis is posted here: http://willicklawgroup.com/termination-of-parental-rights/ http://willicklawgroup.com/child-custody-and-visitation/ My suggestion is to review it, and then confer -- soon -- with a family law specialist well trained in these subjects.  Do not be pressured into doing anything rash, and find out exactly what your choices will mean to your, and your children's futures.... Read More

When you are married, absent a court order to the contrary, you each have equal rights to the child. Thus, you can take your child anywhere you wish, at least within the U.S. (you would need your wife's permission to travel internationally with the child). However, you need to consider the long term effect that may have on your marriage and possibly on your child.... Read More