Nevada Child Custody Legal Questions

One thing you could do is keep a log of your activities with your son. If you appear credible then the judge is likely to accept your representations and it will be helpful if you have a log of specific activities, such as what time he was with you, what you did during that time, and how his health and attitude was. When it comes to issues of one parent's word against the other, then it is helpful to have detailed notes, at least to remind yourself when you go to court or need to to testify.... Read More

The best way to eventually regain primary custody of your children would be to reestablish yourself in their lives slowly. You should begin with seeking visitation, even if it is supervised at first, and then slowly week more time with them. The court is unlikely to find that it is in the best interests of the children to suddenly switch from custody with their grandmother back to custody with their mother, so it will help you case if you take steps toward the transition and reestablish your role in their lives.... Read More

It depends on how your mother got custody and what you mean by custody. If she has a guardianship that you gave her that would be subject to a different standard than a guardianship that was put in place by CPS for example. Also, if you mean she fought and gained custody over the children in Family Court then that is subject to a different standard as well. Your best bet is to gather all the paperwork you have about your case and speak to a knowledgeable attorney.... Read More

In order to allow your current husband to adopt your daughter, you can file a petition to terminate the natural father's rights and then a petition for adoption. In order to serve your daughter's father you will probably need to serve him "by publication," which means that if he cannot be located then you will try to give him notice in a legal publication. There are several steps required to this process so an attorney can be very helpful or you can visit the self help center at the family court. The termination and adoption will be based on the best interests of the child so the fact that the natural father has abandoned your daughter will weigh heavily in your favor.... Read More

First, if you and your son's father were never married then he may need to establish paternity in order to show that he is entitled to custody of your son. There are several presumptions that may allow him to establish paternity, or he may be required to take a paternity test. If there is no court order awarding him custody and you were never married then it is likely that you are presumed to have primary physical custody and if he wants visitation then he needs to establish paternity first. If you want to proceed with gaining sole custody, then you could file a Complaint for Custody, or Nevada, you could file a petition to terminate parental rights, and show the father has abandoned his son by failing to provide financial or emotional support for 6 months. If you decide to file a Complaint or Petition for Termination, then you should do it quickly because the more time that passes, then the more he will be able to show that he has recovered and should be awarded visitation.... Read More

Your question raises as many issues as it clarifies.  Why is the grandmother relevant?  I taught a course on Friday on the subject of Nevada child custody law, which included the recent cases addressing grandparent involvement, but I cannot tell from your question what, precisely, is in play. A short course on "relocation" is posted on our child custody page, at http://willicklawgroup.com/child-custody-and-visitation/, and I would suggest that you start there, reviewing the cases and outlines. So the short version answer to your question is "yes, probably.," but more information -- what orders are now in place, who has said and done what, etc., is necessary for a more detailed answer.  A consultation with a family law specialist is strongly advised.... Read More

Your question is lacking enough details for a meaningful answer. The first step is to look at the existing order and see what, if anything, it says about the question you are asking.  If it is silent, the next question would be how, and in what order, the parties got to where they are now.  There is a general guide for how to draft such a timeline posted on our consultations page. Really, however, what you need is a consultation with a family law specialist to go over all matters of what has happened, exactly what orders now govern the situation, and what your options might be.... Read More

In Utah, if a parent wants to relinquish her parental rights to someone else, this is possible through either a guardianship or adoption action. For general questions regarding how to adopt a child, how to start the process, questions about the costs, time and/or chances for placement, the Adoption Exchange has a really, monthly class called Adoption Options. The Adoption Options course includes: information about different ways to adopt a child, whether it be a domestic adoption, international adoption, or out of the foster care system; the pros and cons of the various different routes for adoption. Information about agencies and attorneys that provide services for each kind of adoption. Information about the adoption process, including information about home studies, matching, placement, court proceedings, and risks to consider birth parent adoption issues fees and costs often associated with adoption tax credits and employee benefits to help with adoption costs... Read More