Nevada Child Custody Legal Questions

Possibly.  This situation requires a full examination of all the facts and circumstances, starting with which court where has jurisdiction, and going into the full custodial and care history -- but the child should be rescued from an enviornement of sexual abuse no matter what, and the sooner the better.... Read More

No competent lawyer would ever promise a result in any case, especially on the basis of limited information, but as detailed in the child custody materials here, his DV conviction alone makes him presumptively ineligible for either primary or joint custody.  It might be a good idea for you to consult with a family law specialist about all of the facts and circumstances; if you do not believe it is in the children's best interest, you should not agree to the change.... Read More

That question was recently debated on the family law listserv, with no perfectly clear resolution.  The statutes, which you can read here, speak of parents with joint custody and parents with primary custody -- there is no specific provision for parents with no custodial orders at all (if the father is not on the birth certificate, then presumably you have never been to court regarding custody).  However, this statute says that when there is no custody order, the parents are considered to have joint custody. The safer course would be to get the father's consent to relocation and, if you can't, petition the court for an order permitting the move.  You should probably consult with a family law specialist about all matters of paternity, child custody, and child support.  For background on all three subjects, see the materials posted here.... Read More

There is probably some "back story" which is not entirely clear; it is bizarre, and unlikely, for a parent absent for years to drop in out of the blue and request custody.  You should probably review the relevant information and tests for both child custody and child support at the two links in this sentence (the child support laws changed in February), and then you should definitely consult with a family law specialist to evaluate the current motion and go over all of your rights, obligations, risks, and options.... Read More

Short answer: "no."  The relevant ethics code (The Nevada Rules of Professional Conduct) are not directly on point, but generally a lawyer should not contact a minor child; the point is clarified in the non-binding, but authoritative “Bounds of Advocacy” published by the American Academy of Matrimonial Lawyers.  Bound 6.3 states: “When issues in a representation affect the welfare of a minor child, an attorney should not initiate communication with the child, except in the presence of the child’s lawyer or guardian ad litem, with court permission, or as necessary to verify facts in motions and pleadings.”The official comments add: “Issues affecting a child’s welfare may arise before, during, and after legal proceedings.  There is a risk of harm to the child from an attorney’s contacts and attempts to involve the child in the proceedings.  Advice to or manipulation of the child by a parent’s lawyer has no place in the lawyer’s efforts on behalf of the parent.  Information properly to be obtained from a child regarding the parents and the parents’ disputes should be obtained under circumstances that protect the child’s best interests.”In Nevada, thee is no “magic age.”  The views of a child of “sufficient age and capacity to form an intelligent preference as to his or her physical custody” is one of many factors; a list of the custodial factors, and an explanation, is posted here.You should probably discuss the entire situation with an experienced family law specialist, to determine what you should say, and what you should do.... Read More

There are not enough facts here to make any reasoned predictions.  "Addicted to weed" is probably hard to prove, as it is considered not particularly addictive, and is now legal.  LSD is more serious, as it is not a lawful drug.  You don't specify what grounds he might have to "take my son away from me."  You might want to review the factors a judge looks to in mkaing a custody decision, which are listed and explained here.  Beyond that, it is probably best for you to consult with a family law specialist.... Read More

Short answer is "yes" -- but realize that in a situation in which both you and your ex have rights of custody (including visitation), both of you have the right to "determine the associations of our child" and he is unlikely to share your evaluation of his new wife.  If the two of you are at impasse on the subject, the only other alternative is to pursue a court order restricting potential contact.  Such orders have been entered in situations of, say, child abuse by a person, but a history cheating at bridge might be a bit of a stretch for a family court judge to find any kind of significant or imminent danger to a child.  If you wish, you could consult with a family law specialist to go over your speciic concerns.... Read More

Any family law specialist should be able to assist you.  The guidance -- from the courts, from the ABA, and the AAML, is that the pandemic should not be used as an excuse to deny child custody and visitation unless there are special circumstances present (someone infected in the other household; or sometimes (but not usually) if the other parent is considered "high risk" by reason of employment, etc.) Obviously, every custody case is unique, and adequate information can't be exchanged in (public) email; If you do not already have a family law attorney, you should call this office (or another, if you wish) and speak with a family law specialist who can discuss your rights, obligations, and options.  Be sure to have available the exact terms of the existing custody order.... Read More

Has anyone ever filed a non-TPO custody case anywhwere?  If so, that place has "Continuing Exclusive Jurisdiction" to modify custody orders so long as a child or parent lives there.  If not, then clocks are running, and you do not indicate how long anyone has been anywhere.  First, review the article titled "The Basics of Family Law Jurisdiction" posted here, and then call to go over the timing of who lives where, and has for how long, to determine whether you have to file a case in Nevada, or California, or both.... Read More

In most matters of child custody, it is a mistake to wait for multiple months (or years) because that begins to look like agreement or acquiesence.  But you should get information about how child custody determinations in your kind of circumstances are made, which you can review here and here.  Then you should construct a timeline detailing what happened in what order (you can find a guide for doing so here), and then call this office or another Family Law Specialist firm, and schedule a consultation to review all of your facts, circumstances, costs, risks, benefits, and options.... Read More

More details are neceaary; it is not clear what kind of guardianship was done, or how much time has passed, all of which is relevant.  For background information, see here.  If the legal proceedings were in Nevada, then you should consult with a Nevada Family Law specialist about revoking the guardianship and regaining custody of your children -- there are multiple cases on this subject, but it is unclear exactly what was done here, and therefore precisely what you must do at this point.  You need a consultation with counsel, and the sooner, the better.... Read More

It seems very odd that any CPS worker would simply accept false allegations about your living circumstances and possible drug use without any investigation or evidence.  That said, you obviously need to consult with a family law specialist who handles abuse and neglect cases, and be prepared at the first hearing, which will be soon, to show evidence rebutting the allegations --say an affidavit from the aunt you live with, and a clean drug test.  If so, you may be able to nip this in the bud at the first hearing.  Then you need to work with your family lawyer to get some longer-term arrangment put in place for the child custody, and child support.... Read More

Presuming both parents are on the birth certificate, the law starts with a presumption of equal rights.  Details are posted here and here.  Child support is explained here.  You should consult with a family law specialist to find out all of your rights, obligations, and options.  If you 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 (during the emergency, they are being done by phone or video); 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.familylawselfhelpcenter.org/.... Read More

This is a topic of discussion in the Nevada Bar, and was one of the topics discussed at the recent Advanced Family Law conference.  One of the judges presenting suggested using my analysis for when and how marijuana should be treated in the family courts--you can find that analysis here.  It is a little unclear from your question who is living where and what custodial provisions are in place; you should probably confer with a family law specialist as to whether a modification in the current custody orders is warranted.... Read More

Without a full knowledge of the facts, it is impossible to rationally predict outcomes, but the factors a court will look at include the behavior and characteristics (like excessive anger) of the parents, as explained here. Do not allow yourself to be threatened, or blackmailed.  Youi need to consult with a family law specialist.  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.familylawselfhelpcenter.org/.... Read More

The short answer is "yes, it is possible."  Since the 2009 Rivero decision, which is explained and linked here, courts can independently allocate legal and physical custodial rights, and can even fine-tune legal custody to one parent in specific areas, such as helath care or education.  It is unusual, however, to see a parent "experiencing struggles" such that his or her decision-making capability is questioned, but not his or her ability to properly parent a child physically.  But, of course, every case is different.  It would almost certainly be best, before doing anything, to consult with a family law specialist.... Read More

The answer to your question is to file a motion in the guardianship case to terminate the guardianship since you are ready to resume your role as a parent to your child.  But these cases are extremely fact specific, and it would be inappropriate to try to be any more precise by email -- you need a full consultation with a qualified family law specialist well-versed in guardianship law.  In the meantime, you can review information on the subject here.  Considder, if money is at issue, going to one of the free brief consultations available in both Clark Couinty and Washoe County thorough legal aid.... Read More

The story and history are much too convoluted to be adequately responded to in an email.  As to the videos, try a letter to the lawyer requesting them (fiture note -- never send your only copy of anything to anyone); if that fails, consider calling/writing the State bar of Nevada, as your file belongs to you and you have the right to its contents.  Going forard, 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.familylawselfhelpcenter.org/.... Read More

It is unclear from your question whether the planned trip is, or is not, within the guidelines set out in your parenting plan/decree.  Also unknown is whether there are any restrictions in those documents against the kind of trip in question.  Normally, vacations and holidays supersed the normal custodial schedule.  Assuming that it is within the guidelines and not prohibited, then yes, the other parent has the right to make the trip.  That said, if you have some actual concern as to some realistic danger of harm (and something more than an amorphous "too young" would probably be required), then you can always try to negotiate the matter and, if unsuccessful, file a motion to have your concerns heard by the court.  The relevant statutes and guidelines for modifying orders relating to child custody are posted here.... Read More

There is no statute on the point, and very little in the case law.  This generally straddles the line between physical and legal custody (the differences are discussed here), so your first stop is your existing court order to see what, if anything, it says on the matter.  If it is silent, vague, or confusing, you could get a clarifying order in place.  Before doing that, consider direct negotiation (pretty much required under the rules anyway), or mediation to clarify your parenting plan.  If any of these steps seem daunting, you should probably consult with a family law specialist before taking any of those steps, to review your existing order and suggest viable alternatives.... Read More

Short version: no.  Until (and unless) a child is born, the custodial sections of the UCCJEA do not not apply to "custody" decisions.  For details, click here.  You COULD initiate a paternity action which also will get stayed until the child is born (details here), but Nevada would retain jurisdiction over that determination, if not the subsequent custody action post birth.  Nevada could also adjudicate support issues.  For explanations of all of this, see the article "The Basics of Family Law Jurisdiction," posted here.  Really, you should consult with a family law specialist about the full range of your options, risks, benefits, and obligations.... Read More

As to the existing child, the parents have joint legal and physical custody as a matter of law, and relocation out of state without the consent of the other parent, or a court order, could lead to a loss of custody.  Details as to both custody law, and relocation law, are posted here.  Until the next child is born, the mother has no obligations regarding place of residence, and no court can make custody orders, although a paternity action could be initiated now.  The father should, however, schedule a consultation with a family law specialist to go over all of his rights, obligations, options, risks, and benefits.... Read More

In the absence of a court order, the two of you have joint legal and physical custody of the children -- including the right to determine who associates with them.  The only way to change that reality is to file an action -- at least for custody, perhaps for divorce -- and ask for orders as you feel necessary.  Obviously, there are more facts involved, and you should schedule a full consultationw with this office or other family law specialists.  In the meantime, you should review the information posted here, which will tell you what is, and is not, relevant to a custody determination.... Read More

While judges differ in their responses to positive drug test results, and much depends on the history of the case and prior orders entered, a common response would be mandatory testing for some time going forward and a warning that continued illegal drug use could constitute grounds for a loss of custody.  If a report is made to Child Protective Services, and the mother's drug use is found to constitute a basis for finding abuse or neglect of the other child, that child could be removed from the home as well.... Read More

There is not enough information here to answer the question, but as a general matter, if there has never been a custody order, the parents of a child are presumed to have joint physical and legal custody until a court states otherwise.  Some information and background is posted here, but your parents -- probably both of them -- might be well served by consulting with a qualified family law specialist before attempting any form of "self-help."... Read More