Nevada Child Custody Legal Questions

If you filed an action for sole custody, but no motion, and your ex filed a motion for custody in your action, you file an opposition, with or without a countermotion, to which your ex can file a reply.  Some forms are on the self-help center website, but if you do not know what to do or how, your best bet may be to hire a family law specialist to assist you.... Read More

The first question is why you waited four years since that confrontation to seek assistance.  You are going to need to create a detailed time-line showing what happened, when, who has lived where, and go over all court documents and orders with a family law specialist.  Meantime, you can get the background rules governing such matters at: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/  ... Read More

Short answer: yes.  I presume you mean through the Court's "Family Mediation Center" or FMC.  For a little background, see http://willicklawgroup.com/mediation-services/.  If so, the FMC rules permit lawyer involvement, although if it makes you uncomfortable, they will normally accommodate you by placing the parties in separate rooms or using some similar protocol.  If it is private mediation not through FMC, both parties can insist on whatever ground rules (including "no lawyers present") that they wish and can agree to.  Really, your best tack may be to hire counsel.... Read More

The time sequence is a little unclear.  When you speak of six months, the reference I think you are making is not to "residency" (in Nevada, that is 6 weeks) but UCCJEA child custody Home State status.  For a recap on the rules of such matters, see the article "The Basics of Family Law Jurisdiction" posted at http://willicklawgroup.com/child-custody-and-visitation/, but for a meaningful answer as to what you, or your ex, really can do under the facts of your case, you need to create a detailed time-line of who was where, when, and take all the documents and consult with a family law specialist.... Read More

A 17 year old is still subject to the control of her parents, and she would be a runaway if she left their home without their permission. There are also issues with her crossing state lines, and potential liability for anyone who helps her (could even be considered kidnapping). She either needs to suck it up until she turns 18, convince her custodial parent to let her live somewhere else (a temporary guardianship could be created outside the court process to help with this), or seek help in Michigan (through a school counselor, or social services, if there are abuse or neglect issues). She may also want to look in to the requirements to become emancipated under Michigan law and see if she qualifies.... Read More

There is not nearly enough information there to provide a meaningful response.  Where was the initial order entered?  Who moved where to create the current conditions?  Have these facts been reviewed by a court previously? You can start with the information posted at http://willicklawgroup.com/child-custody-and-visitation/ but you are going to need to speak with a lawyer in whatever State has jurisdiction over the case to determine what, if anything, an be done, and how to do it.... Read More

The bottom line is that if you have a court order and the other party will not follow it, you can enlist the court's help in doing so. 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

If your son has custody/visitation rights, and there is no court order that prohibits him from leaving his home state with the children during his custody/visitation time, then he can bring them to visit you without any repercussions. He only needs to notify their mother as to the details. I am unclear on the part about the children's mother wanting to take them out of the country. That requires passports, and she will need his cooperation to get passports. He does not have to cooperate if he believes she is a flight risk. If he has no custody/visitation orders, he needs to get that done to clarify his rights and make them enforceable.... Read More

Depending on what county you are located in, it is NOT difficult for a father to get joint physical custody. Indeed, many of our courts prefer joint custody schedules (keeping in mind that 60/40 is the same as 50/50 in Nevada) and look for ways to make a shared custody schedule work. There are many factors involved, beyond those you have identified, so you really need to sit down with an attorney who practices in the jurisdiction your case would be in for at least a consultation to learn how the system works and what you can expect.... Read More

You need to file to terminate his parental rights based on his physical abandonment of the child, and will need to do that in Michigan where you (and the child) reside. You'll have to consult with a Michigan attorney to make sure you comply with their legal requirements. From there, you'll see how much the natural father wants to fight when it involves long distance and he has to explain his physical absence from the child's life.... Read More

Absolutely not true whatsoever. Child support has nothing to do with you. It is money owed to the CHILD to provide for the child's needs. Get your case opened through the DA's office and get child support established. Every month that goes by is money lost (as the DA will not go after arrears, they will only start the case in the month you apply).... Read More

Your facts are a bit unclear, but if there was a custody case, and judgment, in California, and a party to the case has continued to live there since that time, that state continues to have "continuing exclusive jurisdiction" to modify the judgment until and unless the court there chooses to relinquish that jurisdiction.... Read More