Nevada Child Custody Legal Questions

You are correct to be concerned, and no, Nevada law requires either consent of the other parent, or permission of court, to relocate with a minor child.  Full details are set out on our Child Custody page.  If you need assistance -- and you probably do -- you should consult with a family law specialist.... Read More

You have exactly the same rights and responsibilities of every parent of every child in Nevada, as to legal and physical custody, support, and otherwise. Nevada law has been substantially revised to ensure that all parents are treated equally.  Custody law was revised to ensure that “intended parents” (i.e., you) as opposed to persons biologically related (i.e., the sperm donor), are “parents” under our law.  This year, the Legislature systematically made all custody, support, and property terms expressly non-gender-based.  The two of you are on equal ground, in the eyes of Nevada law, as to all issues relating to your child.We have extensive information on child custody and support rights posted on our website.  There are many other relevant pages as well.If you are looking for a citation to authority, consider this:St. Mary v. Damon, 129 Nev. ___, ___ P.3d ___ (Adv. Opn. No. 68, Oct. 3, 2013)Appeal was taken after District Court terminated rights of one member of a same sex couple that had a child together.  There was a parenting agreement executed by the parties.The Court determined that Nevada law does not disallow a child from having two mothers.  The Court went on to say that the parenting agreement entered into by the parties did not violate public policy.Reversed and remanded.Since then the statutory law has been clarified, and if as you say you are on the birth certificate and the two of you are married, there is not much doubt as to the law that is applicable.  Consider a consultation with a family law specialist for a more detailed review of your situation and alternatives.... Read More

It is very difficult to follow the question from the lack of punctuation.  It appears you got an adverse result in court due to failed drug tests (either alleged or actual).  But there is no actual question asked.  If the question is whether allegations of drug use on mixed evidence can be used by a court, the answer is "probably yes."  if you think the tests were inaccurate, and wish to show yourself as clean and sober to revisit custody, go in for re-testing; that too would be a "changed circumstance" warranting a motion to alter the custodial order -- probably.  Lots of facts are unknown, so before you go to court you should look over the standards for child custody modifications here, and probably consult with a family law specialist.... Read More

Nothing keeps you from moving. However, he can immediately file and demand that the child be brought back. A better, safer way to do this is to file for the divorce or a legal separation, send him a notice of relocation which gives him time to object and then move after his time to object is over if he doesn't object. If he does, you can present to the court why the benefits of a move for the child outweigh the detriments. That would require showing that you have e.g. a better job, more family support etc. at the place to which you are moving. You can't move just to create greater distance between the child and the father. Of course, you could tell him you want to move and where and see if he agrees. Do this by e-mail so that you have written proof that he was OK with the move.... Read More

The question, really, that you have to ask is whether it is in your and your child's best interest to remain in this "marriage."  If not, it is past time to file for divorce, seek a formal custody and support order, and then be sure that the pattern you describe will not repeat. It woiuld be most efficient to hire a trained family law specialist to deal with all of those issues.  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; 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

District (family) court, but depending on what the arrears are, there may be no statute of limitations -- it was abolished for child support as of 1987.  For background, see the interest, penalties, and collections information posted here.  Then consider consulting with a family law specialist knowledgeable about collection matters, in this firm or another, very soon.... Read More

It is not so much a "change of venue" as moving to dismiss the action (that has to be done in Utah) and simultaneously moving to restore custody to you in las Vegas.  The two courts should hold a "UCCJEA conference" and if the facts are as they appear to be, the Nevada action should go forward and the Utah action should be dimsissed.  If you have questions, see "The Basics of Family Court Jurisdiction," which is posted here.  You really could use a consultation with a family law specialist well versed in interstate jurisdiction, however, and the sooner the better.... Read More

Every law office sets its own billing rates and retainer -- usually in a sum relating to the kind of case it is and how long and expensive it is anticipated to be.  Our retainer agreement, for example, is posted on our Consultation Policies, Procedures, and Costs page, which you can reach here.  You shouild read the accompanying information to learn the difference between "fees," "costs," and "retainers," the last of which is a word used differently by different firms, but usually menas a fully-refundable deposit against which fees and costs are drawn as they are incurred.... Read More

The first question is "jurisdiction."  Frankly, it is hard to tell who is who, or related to whom, biologically or otherwise, from that recital.  It is unclear whether any court anywhere has ever issued a custodial order.  if not, then it appears that Nevada is the child's Home State, and therefore the place where any case would proceed.  If there is some prior order somewhere else, however, it is possible that any case would have to be prosecuted there. If you have raised this child since birth, then there is a chance for either a guardianship or a custody order naming you to care for the child.  Those topics are explained here and here.  It also appears to be that the birth certificate is knowingly false, naming at least a father who is not actually the father; where the biological father fits in is unclear.  It is possible that those facts would support a Termination of Parental Rights to get the brother/uncle out of the picture; explained here. In any event, after reading those pages, you should consult with a family law specialist, because it is clear that the situation is a mess, legally and otherwise, and the people involved are volatile; both you and the child deserve some stability, and tht is only likely to happen if you get qualified counsel to unwind the mess and establish proper orders.... Read More

Short answer: it is never good to unilaterally "withhold visitaiton" (i.e., defy a court order) absent a true emergency, since very bad things can happen to you in further court proceedings.  It is unclear why things are the way they are, whether you have consulted with counsel, why the judge wants visitation to go forward under these circumstances, and exactly what the last order provides.  Absent that information, any precise response is impossible.  You really need to consult with a family law specialist who can advise you of all possibilities, courses of action, and their cost, risk, and benefits.  Meantime, information about the rules governing custody and visitation disputes can be reviewed here.... Read More

The facts are a bit unclear and that maks it hard to be precise.  If there was some memorialization of a formal status of a grandparent to the child by agreement or court order, Nevada case law says that such custody or visitation cannot be unilaterally terminated without further agreement or court order.  If not, parents not found to be unfit have the right to control who a minor sees, and how often.  There is a statute as to grandparent or other "third party" visitation, but the bar is pretty high.  Much more detail can be found here.  You do not provide any details about the parents.  If in doubt after reading the material, make a consultation appointment with a family law specialist who can go over all possibilities, costs, risks, and benefits.... Read More

Before you can proceed, the critical question is "jurisdiction" -- to answer the question of which State can proceed.  You do not say whether you were ever married to the bio dad, or whether any ourt orders for custody or support are in place and, if so, where they were entered and whether anyone still lives in that place, but those questions will tell you where a termination of parental rights (TPR) can can proceed.  For an explanation of TPR and adoption procedures in Nevada, see here and here.  An article called "The Basics of Family Law Jurisdiciton" (also on our site) will lead you through a jurisdiction analysis, but if you are not sure and want to talk to someone about where to proceed, get the answers to the above questions together and call during business hours and we will do the jurisdiction analysis and tell you.... Read More

If anything, recent statutory changes have made it more difficult to relocate out of state (or especially country) with minor children.   The relevant cases and statutes are explained here.  Also see the "legal notes" on relocation cases on our newsletters page.  Essentially, the would-be moving parent will have to achieve primary custody AND show that it is in the children's best interest to relocate.  At least as to the 16 year old, the child's desires shoiuld be considered relevant.  These cases are extremely fact-specific and technical, and if litigation as to relocation is imminent, it is in mom's best interest to hire a family law specialist well-versed in relocation cases to handle the matter.... Read More

You don't indicate what your questions are.  If you wish to call this office, the number is 702-438-4100.  If you want to make an appointment to ask your questions in an in-person consultation, you can call this or any other law office (you will need a family law specialist), or if that is economically not possible consider the free "Ask-A-Lawyer" service every Thursday at Family Court.... Read More

Yoiu don't actually ask a question.  There are attorneys who specialize in "abuse and neglect" (CPS) cases.  If yoiu can hire private counsel, you should -- you could start with the list of family law specialists on the State Bar of Nevada website, listed here.  If you need information and cannot afford to consult with a lawyer, you have options.  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

Unfortunately, your question leaves out the facts necessary to give you a full answer.  That you are paying support hints that there has been some court proceeding relating to custody and support somewhere, but you do not say where -- which is critical.  If it was in CA, then modification motions must be filed in CA, so there is little a NV attorney could do to advise you (if it was in NV, then see here and then write back and provide some more details).  Failure to properly care for children's education would be a ground to modify custody in either state.  Generally, it requires filing a motion to modify, but you should first figure out what state you have to act in, and then consult with a family law specialist in that place for precise analysis of your options.... Read More

Yes, but not if you mean "Will the Court force my ex to exercise visitation?"  Presumably, your problem is no-show/no call when visitaiton is scheduled (and a series of events, not a single or intermittent problem)?  What you can do is send a note to your ex indicating that since it appears that your ex is no longer interested in exercising visitaiton, you will consider the pattern of no-shows as a relinquishment of that visitation, and will free to make other plans with or for the child at those times unless you get confirmation at least "x days" in advance of an intent to actually exercise the time. If if truly is an intermittent problem, consider sending a text a day or two before visitations to confirm an intent to show up. In any event, if it gets too irritating, yoiu can file a motion to change the schedule to conform to whatever visitaiton appears possible and will actually be exercisted (for details, see here) -- or even, if abandonment is complete, consider a termination of parental rights. If the situation is more complicated than that, consider a consultation with a family law specialist to go over the facts, and all of your options.... Read More

Thre is not nearly enough information in your question to provide any kind of analysis.  Normally, jurisdicition is not something that can be "fought" -- it is a matter of it existing, or not.  For a recap of the rules relating to child custody and support jurisdiction, see "The Basics of Family Law Jurisdiction," posted here.  If it does not anwer all of your questions, speak with a family law specialist well versed in jurisdiction.... Read More

Short answer:  "Maybe."  NRS 125B.145 (Review and modification of order for support: Request for review; jurisdiction; notification of right to request review) says in part:       4.  An order for the support of a child may be reviewed at any time on the basis of changed circumstances. For the purposes of this subsection, a change of 20 percent or more in the gross monthly income of a person who is subject to an order for the support of a child shall be deemed to constitute changed circumstances requiring a review for modification of the order for the support of a child. If you think modification is called for (and you can also request review every 3 years regardless of changed circumstances) you could file a motion, through an attorney, or by using the self-help center forms.  If you are uncertain, you should consult with a family law specialist.... Read More

Your facts are a bit unclear -- for example, it is unclear how old the child is, what the circumstances of the parents were then and are now, and what the current order provides regarding custody schedules.  If the facts, however, are that the case, the child, and the other parent all are in California, that is the state with "Continuing Exclusive Jurisdiction" to make any determinations about the existing orders, and your inquiries should be directed to a family law specialist in that state (and preferably the county where the action was filed).  Obviously, a voluntary agreement (which should be memorialized in a stipulation and order) would be far cheaper, faster, and less stressful, if it is possible to achieve.... Read More

It is difficult to anwer either question, for different reasons.  Normally, fully-contested custody trials are lengthy, difficult, and threfore expensive propositions, but you do not give enough information to actually know what the history is (a three-year gap is huge in the life of a child), what the current facts are, or how to predict what might happen. You also don't provide the basic information necessary to figure out jurisdiction.  Was there a prior order?  Issued where?  Has either parent continued to live in that place?  If those answers are yes, then that place has presumptive current jurisdiction.  If this is the initial action, then it should presumably be filed in the child's "Home State," where the child has lived for the past 6 months.  A better explanation of most of this is set out in the resources posted here.  But you should probably confer with a family law specialist in the place where litigation is likely to occur.... Read More