Nevada Child Custody Legal Questions

Like much in law, two responses.  First, "it depends."  Second, you should not necessarily actually do everything you are lawfully entitled to do. If you mean live, then the answer is yes.  If you mean over the phone, then the answer is no (Nevada is a "two party consent" state not allowing one party to a phone conversation to record it without the explicit, or at least implicit, consent of the other party -- that is why so much tech support starts out with the recording "this call may be recorded for quality assurance" etc.) Assuming you are talking about a live conversation, or otherwise get clearance to make such a recording, do give some thought as to how that fact, if and when made known to the children or others being recorded, will play in their future dealings with you.  It might be wiser to use other means -- like child interviews at FMC, or even an evidentiary hearing -- to get to the truth of the matter.  Think carefully before acting.... Read More

Your question is a bit vague, and has a few gaps,m but see if this helps. Private parties cannot "charge" anyone with a crime.  Only he district attorney can do that, and in the view of most lawyers, in your circumstances no crime would be committed by moving anywhere you wish, whenever you wish. On the civil side, you leave out some facts.  The "relocation statute" (also called the "move statute" starts with the words "if custody has been established . . ."  If, as you say, there has never been a custody order, then again, the statute would appear to not require you to get agreement of the other parent, or a court order, before you relocate.  At least one judge has said that he sees it differently, however.  You do not say if the father is on the birth certificate.  If so, he has presumptive joint custody, as you do.  If he is not on the birth certificate, then the law give you custody of the children until paternity is established. I suggest that you do some background reading on all these topics at the links below, and then, if you are still not certain, consult with a private lawyer, or at LEAST go to the free Thursday afternoon "Ask-A-Lawyer" program at family court, to get some specific guidance in your specific situation. http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/paternity/ http://willicklawgroup.com/child-abduction-kidnaping-and-recovery/  ... Read More

Your question is pretty vague.  What does WHAT mean?  An order?  A request?  A motion? If we are talking about a court order, then the finding "plaintiff is entitled to attorney's fees" normally means the plaintiff prevailed in the case, and the defendant is going to pay some part, or all of the fees incurred by the plaintiff in that proceeding.... Read More

Yo no hablo a español, así que lo traduje su pregunta (es abajo, como traducido). ......................................... If I understand correctly, you wish to know if you can ignore motions filed by your husband's ex-wife's lawyer.  The short version is "no."  About all you can do is request, when next you are in court, an order from the judge stating that you need not respond to future filings.  Or, perhaps, obtain an order putting an end to them.  Or (f they are truly abusive) having the ex labeled a "vexatious litigant" who must get permission he court before filing papers to which you must respond.  Either way, you could apparently use the assistance of a family law specialist.         .......................................... Respond to legal demands of the other partyMy husband just finished months ago his trial to regain custody of his daughters.His ex-wife however, continued without respecting the order of the judge as to the time of custody and each month send with your attorney requests unreasonable to try to change the decisions of the judge.is there any way to avoid answering these demands?She is a mentally unbalanced person, therefore all their demands are based on their desire to control trying to change what the judge ordered.This involves a lot of time and money. and don't want to be part of their game sick mental.is there any way to not have that answer each paper that she sent with your attorney?... Read More

If you believe your son is being physically abused, you should call Child Protective Services.  And until someone files something, you and your husband have exactly equal rights of custody, care, and control of the child. See the domestic violence page of our website, and consult with one of the shelters listed there to get some suggestions for immediately protecting your child.  And do try to come up with facilities that are adequate, but for the short term, even staying with friends temporarily would appear to be better than the current situation. High up on your list should be a full consultation with a qualified family law specialist, to discuss all matters of child custody, support, alimony, property, and debt, and potential divorce.... Read More

Well, "this" is a bit nebulous.  In pieces:   If the ex has collected more in support than was owed, it should be pretty simple to assemble records showing what was owed, and what was paid or collected, and to get a refund or credit when next in court (it would be a good idea to send a request first). The order should indicate who has responsibility for buying what -- if he is not required to , but chooses to purchase items for the kids, it is considered a gift, but may provide "brownie points" in a later "he said/she said" -- so he should keep those receipts. Accusations such as "belligerent" or "selfish" don't really mean a lot, at least not in isolation. The questions boil down to "what does he want?"  In terms of access, behavioral orders, time-share or economic adjustments, all are potential objectives of a family court motion.  As with most such cases with lengthy histories, his best bet is probably a consultation with a family law specialist who can isolate his alternatives, let him pick what he really wants to pursue, and then find the most efficient means of getting there.... Read More

There is no magic age in Nevada at which a child can "choose" where to live. Whether or not the judge will speak to either child very much depends on which judge you have they are all very different in how they approach this issue. Nevada follows a best interests standard to determine custody matters. The best interest factors are found in NRS 125.480(9). The first factor is that the court shall consider the child's preference if the child is of sufficient age and maturity to form an intelligent preference. That is only 1 factor of several. So even when the child is old enough and mature enough to have his/her preference heard by the court, it is still not the final determining factor. From what I have seen, your children are a little on the young side. And you also need to consult with an attorney about how you go about getting the child's preference heard without making the child an actual witness. You really want to be very, very careful about putting your children in a position where they feel they have to choose. It can be damaging to them, and put you in a bad light.... Read More

If you were still in Nevada, you could file a motion here, since Nevada would have "Continuing Exclusive Jurisdiction" to enforce the order.  But since at this point all parents and children have left the State, further custodial litigation will be in either Illinois, or Texas.  You could file in Illinois; my guess is that your ex will counter-file in TX, and the question is whether the underlying facts -- including why you waited three years before proceeding to court (you could have filed, even if you did not know where he went -- and people can be traced) allow you to make the argument that TX is an inappropriate forum due to F's "reprehensible conduct."  Obviously, the facts are critical.  I suggest you speak to an Illinois family law specialist well versed in the UCCJEA.... Read More

Your facts appear to be that one parent and one child have left the former marital home, but you do not say whether they have left Nevada, and now the other wishes to leave to Arizona. Until and unless someone files something, there is no real limitation on who can live where. If any parent or child remains in Nevada, then this will be the "Home State" where any litigation of custody will occur for the next following six months, even if others leave. Once everyone leaves the State, the jurisdictional analysis is more complicated, and you should probably speak to a family law specialist either way.... Read More

Your question is pretty vague.  Presumably, what you are really asking is what you can do as a primary physical custodian if the non-custodian is unreliable in actually showing up on time and as scheduled for his custody time share. First, look at your existing court order.  If it does not have adequate provisions as to both rights AND obligations, for both parties, relating to child sharing, those provisions can be changed.  Basically, you can file a motion to make the consequences for the behavior that is bugging you to be different than they now are -- forfeiture upon non-exercise, presumptive loss of future access, monetary sanctions -- courts have a lot of leeway.  Of course, you should always attempt to address the problem with the other party to see if can be resolved, first.  If that fails, consult with a family law specialist.... Read More

Obviously, much is undisclosed.  Sick?  You could, of course, push for immediate contact through a family court motion, but the reality is that it is March, and you would probably only get to court in May.  It might be more prudent to reach out when the child is emancipated in June -- at which point the decision of whether to have, or re-establish a relationship with you will be his.  Given how much time has passed, you might want to consult a therapist as to your best approach to such an invitation.... Read More

Short answer, if I understand your question:  No one.  In America, no one is entitled to court-appointed counsel for a civil case (if you are the accused in a criminal case, the answer is different). 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

The easy way to do so is by way of stipulation with opposing counsel.  If there is an attorney on the other side of the case, call him or her and ask for a continuance to give you time to hire counsel; since such requests, when made to the judge in the absence of an outright emergency, are almost always granted, the attorney should agree, and draft the appropriate stipulation and order. If there is no attorney on the other side, you can try to achieve the same thing with the other party directly. If, for whatever reason, you cannot get cooperation, look at the Clark County self-help center forms, and (depending on the responses you are getting) you can draft a stipulation for continuance, or a motion for continuance. If you can't get anywhere, you can request to appear telephonically at the scheduled hearing (yes, the is a form for that too), and ask for the continuance at the time of the hearing; this is not a great option, since if your request is denied, it will be very difficult to participate in the hearing, whatever the subject. About your only other option is to hire counsel between now and March 10, and have that lawyer (who should be well-versed in how to accomplish it) get the continuance to get up to speed on the case.  Again, absent an actual emergency, it should not be that difficult for an experienced family law attorney to do.... Read More

Normally, it is a good idea to include in your moving papers all requests for relief.  Those usually refer to "motion papers" (motions, oppositions, and replies).  "Pleadings" are a Complaint, an Answer (with or without a Counterclaim), and a Reply.  If you are not sure, it will usually not hurt anything to include your requests for relief in the pleadings.  If mediation results in a parenting plan addressing everything, great; if not, the judge will have your requests on file when it comes time to make a ruling.... Read More

Many facts are missing from your narrative.  You do not say whether there was a prior court order anywhere as to custody of these children, which makes a big difference as to whether we are dealing with "original" or "modification" jurisdiction. If 6 months have passed since the kids and parents moved to Nevada, that is now their "Home State" and the only place where an action relating to custody or visitation of those children may be filed.  Until that point is reached, their prior State (apparently Oregon) is the place where a custody action could be filed under the UCCJEA.  And if any party to the prior custody order (if there was one) remains in the State that issued it, that place remains the State with modification jurisdiction. These rules are discussed in the article "The Basics of Family Law Jurisdiction" that is posted on the Child Custody page of our firm website: http://willicklawgroup.com/child-custody-and-visitation/.  You should consult with a family law specialist. In the meantime, if you are concerned with the physical health and safety of the children, you can call the police and ask that child protective services do a health and safety check.... Read More

Your question appears to mish-mosh a few different legal concepts.  "Relinquishment" is a voluntary giving up of parental rights.  You are probably seeking "termination of parental rights," but be aware that in Nevada, getting such an order also terminates your right to seek child support for the child.  You should consult with qualified counsel, after getting some background information, which you can review at: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ http://willicklawgroup.com/termination-of-parental-rights/  ... Read More

If the facts are as they appear to be, you can do what you intend to do where you are.  In the U.S., under the "UCCJEA," Canada retains "exclusive modification jurisdiction" so long as a party to the original custody order remains in the place that issued it.  So you may be able to start a custody modification case in Ontario.  Consult local counsel as soon as possible. Additionally, while your facts are a bit sketchy, you might be able to pursue a claim for recovery of the child and return to Canada through the Hague Convention.  THis requires that you have "rights of custody" under the prior orders and that the child was "wrongfully removed" or "wrongfully retained" preventing you from exercising those rights.  On your facts, I cannot tell. For some background materials describing all of this, see the explanations and materials posted on the child custody page of our firm website: http://willicklawgroup.com/child-custody-and-visitation/.  But be aware that there are time limits to most things you can do under the law, so consult with counsel, and then act quickly.... Read More

Short answer:  no (probably).  Nevada is a "two party consent" State, and recording conversations without consent of both parties to the conversation could be a criminal law violation.  Sometimes, special rules apply to contact with minors, and sometimes Family Court orders specify that conversations can be recorded.  Before doing so, you should check with qualified counsel.... Read More

Your question was "Can I sue for custody?"  But your surrounding text is a bit unclear as to what custody orders are in place or why.  You do not indicate what custody orders were entered, or what the reality has been since that time. Short version -- start with your existing order; the rules for modification of that order are posted at http://willicklawgroup.com/child-custody-and-visitation/, but for any kind of intelligent analysis of what you can do and how you can do it, you will need to bring all your paperwork, and all the information you have that is not in those court orders, to a family law specialist for a consultation.... Read More

Your question, frankly, is a little hard to follow.  If you are asking what custody relationship your brother ACTUALLY has, given that he apparently is keeping them both during the week and on weekends, it comes down to total time.  If they are in his custody at least 40% of the time, looking back over the past year, then according to the Rivero case, regardless of the title given to his time in the decree, he has joint custody -- which has a lot of implications, for custody and for child support.  To answer your last question, there is no specific definition of "visitation" -- rights are usually spelled out in the court order.  If they are not, they could also be specified, or modified.  See the explanations, and materials, posted at: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ If all is not clear, your brother should consult with a family law specialist.... Read More

You ask several questions, the answers to some of which are "maybe" and "sometimes," based on facts you do not mention. You cannot "sign away legal guardianship," at least not apparently on the facts you disclose, because you are not a legal guardian, but a natural parent.  And yes, the law (see NRS 125.480) gives a fit natural parent a higher priority than any other person as to a child.  And no, a will does not "override" the other parent -- but if the other parent had relinquished his or her rights, it might well be decisive. That said, there is obviously a history here -- at least 11 years of it -- which could very well alter the analysis.  I suggest that you do two things, before signing ANYTHING.  First, learn abut the legal meaning of the terms: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/guardianship/ Then, make a consultation appointment with a family law specialist -- bringing with you all relevant court orders, agreements, wills, correspondence, or whatever other documents are in play here -- and ask.  By the end of the conversation, you should know your and your child's right, options, and possibilities -- and be able to make a good choice.... Read More

Your facts are a bit unclear (especially whether your ex is in jail, or not).  In any event, there is a big difference between legal and physical custody.  First, I suggest you do a bit of background reading, and then I suggest you consult with a qualified family law specialist about either sole custody, or a possible termination of parental rights.  For background, see: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ http://willicklawgroup.com/termination-of-parental-rights/  ... Read More