Nevada Child Custody Legal Questions

Short answer: "no."  But you should closely read the "legal custody" provision of your decree -- such provisions commonly set out requirements for extended travel, such as providing advance itineraries, etc.  If you are not sure, or you think you would be well served by modifying your decree to be more explicit on such matters, you should schedule a consultation appointment with a family law specialist.... Read More

Youir question is really one more of etiquette than law.  The laws relating to custody and support that are potentially applicable in a step-parent relationship end at emancipation.  For details about wills, trusts, and estate, you should consult a specialist in that area, but the rules of intestate succession probably do not include step-children, either.  So from the legal perspective, the question would be "treat them in what way?" and "considered" by whom?  If you asked the question of Dear Abby, the answer you would probably get is that most people can use all the love and support they can get, so if you wish to remain close to your adult step-children, feel free to remain so.... Read More

This comes up a lot, and you probably need to at least consult with a family law specialist to learn how to establish lines of demarcation for the remainder of your children's minority.  Short version is that, as to both custody and support (you can review the relevant rules, cases, and other materials here and here), how you choose to run your household, and your personal behavior, is none of your ex's business until and unless it amounts to some form of child abuse or neglect.  On the subject of relationships, I wrote a newsletter that you might want to read, posted here.... Read More

The precise facts are a bit vague, but the general rule is that each parent has the right to dictate the kids' schedules during their respective time.  If there are conflicts, either an agreement or a court order can deal with who has what rights to make which decisions for extra-curricular and other activities.  For background information, click here.  It may be a good idea to consult with a family law specialist.... Read More

There is not really sufficient information.  If the existing order was issued in Nevada, and you remained in Nevada, Nevada has Continuing Exclusive Jurisdiction ("CEJ") to issue further orders even if the kids have been gone for a year.  If the facts are different, or there is no underlying court order, the analysis is different; the relevant rules are explained in "The Basics of Family Law Jurisdiction" along with an easy-to-use flowchart, all posted here.  It is probably best for you to consult with a Family Law specialist who understands jurisdictional issues as quickly as possible.... Read More

The legal history leading to the current placement is not entirely clear, but the path to solving your problem seems pretty straightforward: (1) obtain a place to live; (2) get clean from any illegal drugs (telling a court "it's not heroin, it's only meth" will not get you very far); and (3) file a motion for return of your child to your home.  Without any information about the legal history it is not really possible to be more specific, but you should act quickly; if the child's placement elsewhere is longer than 6 months, other arguments could be made that could delay your reunification further. If there is any way for you to do it, you should go over your situation, and all existing orders, with a family law specialist.  If you cannot afford to hire or even consult with 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 point of the question is unclear.  Nevada's child support laws are explained here.  Acceptance of TANF benefits usually requires permitting the government to try to recoup money from the other parent that is expended for support of the child.  If you are uncertain of your rights and responsibilities, as to either custody or support, you should consult with a family law specialist.... Read More

Okay, you being the grandparents do have the rights to visitation with your grandchildren. As far as custody is concerned, who has the children right now, what is the age of the children involved and who have them currently? Is there a current court order in place regarding the custody of the children? I can certainly help you with the case and would like you to call me when its convenient for you to go over the details of the case and how best to move forward. In situations like this, it's always better to start the custody process ASAP because the longer one party have the children, that party will have a leverage in winning the upper hand. Feel free to review my profile and see if I am someone you would like to work on this matter with. Above answer and comments to questions are for general purposes only and does not constitute legal advice or establishes an attorney-client relationship without a signed retainer. Please reach out to an attorney you are comfortable with working and discussing your case in more details.... Read More

It sounds from this description that, as a practical matter, you have full custody.  The legal context, and what proceedings exist or are contemplated, is not clear.  Also unclear is whether there is a marriage involved and, if so, whether there was or is a divorce action.  There are too many unknowns to be definitive, and you probably want to have a full consultation with a family law specialist, but in the meantime, you might find useful information about custody, support, and termination of parental rights at the linked web site pages.... Read More

There are too many loose threads in that narrative to know precisely what is going on.  There are family law attorneys in town who specialize in CPS matters; you should schedule an in-depth consultation with a family law specialist who has a significant abuse & neglect practice, and go over he full history; at the end of that conversation, you should have a pretty good idea of what options you have to intervene in the pending proceedings, or otherwise.... Read More

Consider calling the Nevada Bar, which maintains a list of attorneys who will take a reduced fee, through the Reduced Fee Panel.  In Southern Nevada the number is 702-382-2200; there is a Northern office as well.  Additionally, there are free consultations offered in both Las Vegas and Reno; you may have to ask the Bar about Reno schedule; 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/; again, there should be a Northern Nevada counterpart.  If not, use the Clark Coiunty forms and modify them.... Read More

While your question seems to have a couple of extra words in in it,a motion to relocate is opposed with an "Opposition to Motion to Relocate."  Obviously, the best way to file such a motion is to hire a competent family law specialist to do so.  If you cannot or do not wish to, youi can review the substantive law on relocations here, and there is a self-help center with forms to assist you in putting together an opposiiton, which youi can access here.... Read More

The short answer to the question you asked is "no."  You don't provide some significant details (like the actual time share for the child between you and your ex, or how often is "once in a while"), but (1) you are entitled to live your life and associate/date with whoever you please, presuming no danger is being created for the child; and (2) it is generally considered a good thing for grandparents and other relatives to have some opportunity to spend time with and develop a close association with a child (again, presuming there is nothing about those relatives that is a danger to the child).  If you are not gone so much that an objective observer would have concerns of abandonment of the child, it shoiuld not be a concern.  That said, if your decree includes a "right of first refusal" (you do not say so), then your ex should be given the opportunity to take the child if you are gone for whatever the triggering amount of time might be (typically 4 hours to one day); much depends on the terms of the current court order.  But your ex does not get to control your social life.... Read More

It is unclear what orders are in place, or where they were entered.  If the order was entered in CA, and a parent and the child still lives there, any court action relating to custody would have to be filed in CA.  The jurisdictional explanation can be reviewed in "The Basics of Family Law Litigation," posted on our Published Works page, here.  As a general matter, the available options would appear to be for the other parent to seek a change of custody, or for a third party (i.e., you) to seek guardianship, or even to adopt the child.  First figure out what state you have to file in and then confer with a family law specialist in that place to go over your options.... Read More

Both what happened and the reasons for it are a little unclear.  It is also not clear what, precisely, you want to achieve.  If the Decree really was issued over a year ago (in 2016), the time for appeal has long since passed.  Obviously, a new motion to alter the custody orders could be filed at any time if there is a signficiant change in circumstances, and if the change is in the children's best interest.  The actual statutory factors, and a lot of other information, is posted here.... Read More

Maybe.  Not nearly enough information.  What does the order require?  Is there an order?  If the two of you are on the birth certificate as parents, and there is no order, you have joint legal and physical custody under the statutes, and unless there is an order, there is nothing to be "in contempt" of.  Yoiu really should speak with a family law specialist.... Read More

There is no real formal means in place to do what you are apparently trying to do.  Perhaps if you contact one of the local Nevada adoption agencies, they will be able to point you toward people or agencies that perform such studies.  Alternatively, ask your CT lawyer what level of detail is required, and attempt to have that information provided more informally, by taking your own pictures, etc.... Read More

The only “magic age” in Nevada custody law is 18, at which time (absent a guardianship for incompetency, etc.), no one has any right to determine where the then-emancipated person can live.  Until then, the wishes of a “child of suitable age and discretion” are one factor that a court must consider when determining a question of contested custody.  For an explanation, links to the relevant statutes, etc., see the materials posted here.... Read More

The only “magic age” in Nevada custody law is 18, at which time (absent a guardianship for incompetency, etc.), no one has any right to determine where the then-emancipated person can live.  Until then, the wishes of a “child of suitable age and discretion” are one factor that a court must consider when determining a question of contested custody.  For an explanation, links to the relevant statutes, etc., see the materials posted here.  And yes, normally child support flows from the non-custodial to the custodial parent; there is an offset in joint custody cases.  A full explanation is at the same page of our website.... Read More