Nevada Child Custody Legal Questions

I cannot advise that what you seek is what you SHOULD do, but if you have decided not to force your ex to comply with visitation but to relinquish your parental rights in favor of a step-parent adoption, you can do so.  Be careful.  The relinquishment itself will NOT relieve you of child support duties -- only parental rights.  If you want to ensure that everything happens as you anticipate it to happen, I suggest doing some background reading, and then consulting a family law specialist to make sure everything is done correctly.  The stuff you need to see for background is posted at: http://willicklawgroup.com/termination-of-parental-rights/. http://willicklawgroup.com/child-support/. http://willicklawgroup.com/child-custody-and-visitation/. Good luck.... Read More

It is a bit unclear what information you seek.  If it is a simple question, feel free to call any family law attorney who might answer your question.  If the questions are any more involved, consider making an appointment to see a family law attorney (there is typically a consultation fee), or (if money is an issue) there are free consultations offered on Thursdays at the family court self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.... Read More

You must follow court orders unless you get new court orders. If fail to follow a court order, and the court finds you did not have a good enough reason to do so, you can be held in contempt. A finding of contempt can have multiple ramifications financial penalties, make up visitation to dad, even up to 25 days in jail. If he has failed to exercise his visitation for any reason, you need to have that in writing (email best, text okay but needs to be preserved in a format that can be printed). If you found him drunk, you needed to have evidence of that (such as a video recording). If he is really out of control, only 72 hours clean (which is nothing for a true addict), and you have good evidence to back up your claims, I recommend you file an emergency motion to suspend his visitation (or require that it be supervised and that he be clean for 8 hours before visitation starts as well as during the entire time he visits). You would do well to at least consult with an attorney before you file anything in the court system, as which court you are in and which judge you have could make a difference.... Read More

No one can "make" your ex fulfill his responsibilities.  If your ex is chronically not following the existing order, consider asking the court to modify the order to a schedule that would work for you.  You really do not supply enough information to know what that might be, but a custody schedule is always amendable -- especially if one party is not following it.... Read More

I think what you are asking about is an "ex parte request for an Order Shortening Time."  If so, no, you really can't request acceleration of a hearing date that has not yet been set for hearing.  Normally, you file a motion, and then, if necessary, move to shorten the time until it is heard. The second part of your question is a bit unclear.  If you think the child is in danger, ask CPS to remove the child from the other home; if they believe the child is in danger, they will normally instruct you to keep the child out of the other home until the hearing date.... Read More

Respectfully, the facts as relayed are very confused.  Apparently, there are multiple relationships overlapping here among you, the father, and his wife.  I can't tell what court orders have been entered, by which courts, or why, all of which is extremely important to determining what to do, and how to do it.  I can't tell how long of time has gone by since the child left, why the child left, whether the child left with your consent or with a court order approving it, who has filed or is trying to file what, where, or what, exactly, CPS is doing, or when. With that many unknowns, it is impossible to give any meaningful guidance beyond those for preparation.  First, assemble all court orders, notices from CPS, correspondence among any of the adults indicating any agreements as to what is being done with the kids, etc.  next, create a time-line, as the facts are confused.  A guide to how to do a timeline is posted at http://willicklawgroup.com/consultation-policies/. You are almost certainly going to have to go over all of that paperwork, timeline, and your questions, with competent family law specialist counsel.  You don't say when your hearing is, but you should try to have that consultation as far in advance of the court date as possible.... Read More

Presuming you and the child had been here for at least 6 months before litigation started anywhere, Nevada should have jurisdiction of this case.  See "The Basics of Family Law Jurisdiction," posted at http://willicklawgroup.com/child-custody-and-visitation/.  Interstate cases are, at best complicated and difficult, and I strongly urge you to retain qualified family law expert counsel.... Read More

The case law across the country is extremely mixed in this scenario.  Some states have ruled that an intact married couple can basically elect to raise the child as their own, and the biological father ("bio-dad") has no rights.  Others have ruled that a bio-dad always gets to have a finding of paternity -- and concomitant support obligations. Nevada has no completely on-point case law for this scenario, so I would suggest doing nothing voluntarily (like putting bio-dad on the birth certificate) and wait to see if he files something; if so, consult a family law specialist on all available defenses, and move to dismiss.  Meantime, see the various resources posted at http://willicklawgroup.com/paternity/, and at http://willicklawgroup.com/child-custody-and-visitation/.... Read More

There is no way to answer such a question in the abstract.  There is a huge difference between an initial order, and the test for modification of such an order once entered, and (obviously) the facts drive all such determinations.  Start with http://willicklawgroup.com/child-custody-and-visitation/, and if that does not answer your questions, you should consult with a family law specialist.... Read More

These days, the place of testing could be remote from where any person lives (drug stores, these days, have lots of "do-it-yourself" kits for all kinds of testing, but I don't think they've added paternity yet).  You appear to be asking where to file an action to determine paternity.  Your facts are a bit sketchy to answer definitively, as generally the place of conception is proper, as is the place where "the child, the mother, or the alleged father resides or is found," and the action can be joined with one for divorce, annulment, separate maintenance, or support.  See http://willicklawgroup.com/paternity/.... Read More

If I understand the facts posted correctly, no court anywhere has ever made a custody determination.  If so, this is a classic "one-year look-back" situation as described in the 2009 Rivero Opinion of the Nevada Supreme Court (it is posted for review, along with other resources, at http://willicklawgroup.com/child-custody-and-visitation/).  Presuming the father's time-share is calculated as greater than 60% of the total custodial time, he would presumably be found to be the primary physical custodian.... Read More

Well, you do not supply enough information.  If you HAVE the right to demand a change of venue, you can do just that; if it is discretionary (this depends on the facts -- mainly, who was where, when, and how timely your request is) you file a motion.  For an explanation, see the "Jurisdiction and Venue" chapter of the Nevada Family Practice manual, posted at http://willicklawgroup.com/grounds-and-jurisdiction/.... Read More

She will not face criminal charges, as it is not a crime to move with your own child unless there is a court order in place that prohibits the move (she may have violated orders as to your step child, and that should be looked into as you might find an ally in that child's father). However, you can file an emergency motion to have your child returned to Nevada as Nevada continues to have jurisdiction over the child so long as the child was here 6 months and has not been in Louisiana 6 months yet. This could by tricky for you if you do not presently live in Nevada, which your question seems to imply. If you left Nevada, and left your child in your wife's custody in Nevada, you could be found to have abandoned your child. This would work against you in a custody dispute. It is obvious that your situation is complex and has legal technicalities that cannot be figured out in this forum. You should be asking your current attorney these questions, as that is the person most knowledgeable of your case.... Read More

I cannot answer specifically when they will lock him up or for how long in Texas. I can tell you that in this area he would be sent to jail and told he had the keys to his release, i.e., when he paid whatever sum the Court found appropriate to purge himself of contempt he would be freed and he would have to continue to make payments as ordered by the Court.... Read More

In Nevada, it is a felony to accrue more than $10,000 in arrearages. However, the district attorney has discretion on whether they will pursue charges against the parent. The District Attorney's Child Support Enforcement Division will most likely request that an arrest warrant be issued against a parent so far in arrearages, and they can have this done without filling felony charges. However, if a parent is making payments toward arrearages, then the D.A.'s office probably won't try to keep the parent locked up.... Read More

Using jail as a method to collect child support is a delicate balance. The threat of jail in most instances should be enough to cause a person to make some payment. However, if the person truly has no money, placing him/her in jail will not magically make money appear. The court will have to determine whether placing him in jail will result in the payment of money. Also, in the State of Michigan, once a person is more than $10,000 behind in child support, the matter can be referred to the prosecuting attorney for possible felony prosecution.... Read More

If you are already in the divorce process, then paternity was probably established at the beginning of the case and the father probably now has presumptive joint custody of your son. If the father has custody rights, even just visitation, then you cannot move out of the state with your son until you get the father's consent or the court's permission.... Read More