Nevada Child Custody Legal Questions

You ask two questions, the answers to which are "maybe" and "yes."  No competent lawyer would attempt to provide a guess as to a custody decision with those few facts, but this may be of some use:  if there is clear and convincing evidence of domestic violence relating to a child, a presumption arises that the perpetrator should not have sole or joint custody.  Of course, zero contact for a year without trying to do something about it within that time might well be taken as evidence of abandonment on your part, and even if "he lied" there is some kind of existing record of a reason to restrict your access.  You really need an in-depth consultation with a family law specialist to review the full history involved to get a meaningful evaluation of your situation, but in the meantime the statutes, some guidance, and lots of other child custody resources can be reviewed here.... Read More

Nevada has no “magic age” other than 18, at which time (absent a guardianship for incompetency, etc.), the then-emancipated person can choose to associate, or not, with anyone.  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 (or visitation).  For an explanation, links to the relevant statutes, etc., see the materials posted here.  However, if the situation is as bad as you indicate, then perhaps restrictions on either behavior, or visitation entirely, are warranted.  The mother should consider consulting with a family law specialist about all her options.... Read More

The first question is what order, entered where, established paternity?  Was custody/support/visitation also established?  If that State still has Exclusive Modifiction Jurisdiction, that is where a motion to alter the current situation should be filed.  Otherwise, it could be elsewhere.  The relevant rules are in the article titled "The Basics of Family Law Jurisdiciton" (along with the substantive rules regarding custody, and a lot of other information) posted here.  Once you know where you should proceed, you should consult with a family law specialist there to determine what your options are, up to and including seeking custody of the child.... Read More

Short version is "you can't."  THere are ethical rules about "ex parte" conversations -- i.e., one side of a case (or a witness) speaking to the court outside of the presence of the other party.  However, at 16 you are almost certainly in the zone of minors entitled to have input into custody decisions affecting them -- the full statutes, including those rules, are posted (with lots of other material) here.  It is possible to arrange for a "child interview" of even younger children in a case, if relevant, through the Family Mediation Center.  But it is unclear how or why your mom "can't get a hearing."  Really, she needs to confer with a qualified family law specialist, who should be able to answer all her questions.... Read More

Three is not enough information to answer.  If the underlying court order is a Nevada order, then speak with a Nevada Family Law Specialist about enforcement or modification of the order to re-establish contact or take other steps.  If the order is from somewhere else, you need the same conversation, but you need to have it with a practitioner in the place with jurisdiction over the case.  If you can't tell the answer to that question, call a family law specialist here, with a copy of your controlling order in hand, and get the answer to the question "where will this case be heard?"... Read More

The legal situation is unclear, but if there is an emergncy, please call the police, or Child Protective Services.  If not, or you are looking for a longer-term fix, you are looking for a change of custody motion, the requirements, legal tests, and explantion of which can be found here.  If you need other information or assistance, you should confer with a Family Law Specialist, in this firm or another.... Read More

Your precise situation is a bit unclear.  Yes, text mesages MIGHT constitute an "agreement," if terms are reasonably certain, but normally such agreements do not have much legal effect if you are talking about setting up (or modifying) a court order regarding custody and visitation.  If the existing order is not sufficient, you might need a modification of the custody order; for details about how that works, click here.  Your best bet is probably to confer with a family law specialist.... 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 at http://www.willicklawgroup.com/child-custody-and-visitation/.... Read More

It is possible for a "third party" (such a grandparent) to pursue guardianship, or even temporary or permanent custody of a minor child, but obviuosly the facts are critical.  For back ground and information, see here and here.  But you will probably have to confer with a family law specilist versed in these subjects -- soon -- if you wish to pursue custody of the child.... Read More

Short answer, yes -- you do have a right to know, and yes, you can force the issue.  For details, see the Paternity page of our law firm website. Assuming paternity, there are a lot of other things to consider.  See: http://www.willicklawgroup.com/child-custody-and-visitation/ http://www.willicklawgroup.com/child-support/ It would probably be wise for you to consult with a family law specialist about all of this, so you know your rights, your options, and your risks.  ... Read More

There is not nearly enough information to be certain the response is correct and helpful.  Your question implies that the original order was entered in Illionois, and that the other parent and child still live there.  If so, then the Nevada rules for modification of custody orders will be of little help to you -- Illinois retains "continuing exclusive jurisdiction" to modify the custody order and you should inquire of a family law specialist there how to modify the existing orders.  If your facts are different than assumed, then the response will be different as well.  You might be best off calling a family law specialist here with a bit more information, to get pointed in the right direction, there or somewhere else.... Read More

It is hard to tell from this question who "they" might be.  if you mean the State, it would take a CPS determination tht the child was a victim of serious abuse or neglect.  If you mean the other parent seeking primary custody, maybe -- I doubt anyone will care much about (most kinds) of traffic tickets -- DUIs involving driving with the kids might be a different story, and some judges, at least, have a zero-tolerance policy for drug abuse, believing it incompatible with being a fit parent; those judges consider it a matter of making a choice between your drugs and your kids.  The rules for changing child custody are detailed here.  If you are concerned -- and you should be -- you should take steps to get clean before the situation gets worse.... Read More

Respectfully, that is a bit too vague to be answered specifically, but as a general matter the process is pretty simple.  You -- the Client -- are the employer, with a right under the ethical rules to identify the “objectives of representation.”  However, a lawyer is not required to pursue objectives or employ means simply because a client may wish that the lawyer do so.  The terms of a lawyer’s representation may exclude specific objectives or means, including those that a lawyer regards as repugnant or imprudent. Litigation is expensive.  Lawyers cannot control the actions of the opposing side or his/her counsel, nor can a lawyer “force” a Court to any particular action in any particular time frame.What this means is that lawyers never have the option to follow instructions from any client to “not go to hearings,” or “don’t respond to their calls and letters,” no matter how ridiculous the Client thinks the hearing or communication from the other party might be.  Attorneys in a case must follow the court rules, which requires response to both the Court and to opposing counsel.  Sometimes -- frequently -- the best way to serve a client's actual interests is to be as helpful and cooperative with the other side as possible. All that said, if you think your lawyer is not doing what he or she should be doing, the first course is probably a heart-to-heart conversation with your lawyer to discuss your concerns.  If that does not provide satisfactory answers, feel free to contact a qualified family law specialist and schedule a second opinion consultaiton, bringing with you all paperwork relating to your concerns.  Finally, if you are unhappy with your representation, you can change counsel -- but do so as seldom as possible, and only with good cause, because there is a transactional cost to getting someone new entirely up to speed.... Read More

You don't asctually ask a question, but the question is presumably "what can I do about it?" To the extent that the problem is now resolved, not much except to document your non-agreement to the kids being returned late in a letter or e-mail (in case it is later argued that you agreed to it) and request that it never happens again. If this is part of a larger problem of non-compliance with court orders, consider filing a motion to alter the existing custody and visitation terms.  For background information and materials, click here.  Really, however, you would probably be best served by scheduling a consultation with a qualified family law specialist to go over all of your concerns and get specific advice as to your options in the particular circumstances of your case.... Read More

It is pretty easy to "find a lawyer," but as you have observed, there is good, bad, and ugly in every group -- including divorce/family law lawyers.  For a list of the factors that will be considered in custody modification motions, along with flow-charts of steps and other materials, click here. As to qualifications, their is something of a hierarchy, but it is pretty easy to follow.  Anyone who passes the Bar exam can call himself/herself a "divorce lawyer."  Any of those with $35 can pay the dues to join the Family Law Section of the Bar. The next rungs are a lot tougher.  To be a "certified specialist" (think of it like a board certified doctor), a lawyer has to take the specialization exam -- it is very tough, and was made that way deliberately.  I know -- I wrote the test.  For details, see here.  For a list of Nevada certified family law specialists, click here.  There are about 40 family law specialists in Nevada today. A lawyer in Nevada has to already be a certified specialist just to apply for admission as a Fellow of the American Academy of Matrimonial Lawyers.  There has been some concern lately that the admission standards are not as stringent as they once were, but you can be assured, at minimum, that every Fellow of the Academy (and there are now about 20 in Nevada) are at least considered proficient family law practitioners.  For a list of them, and their biographies, click here. Obviously, you should "shop" for a family law attorney carefully, finding someone with whom you are comfortable, and with whom you think you could have a good working relationship, as well as someone you can afford.  In your case, finding someone familiar with the judge, and experienced in contested custody caes, would be important.  There are many good family law attorneys who could help you -- but keep your eyes open at all times.... Read More

It is difficulto to see what your question actually might be, but please relax.  No one is going to "go to jail" for saying "I wish I could slap you."  However, the less said by text, e-mail, and on social media the simpler your life will be. In the meantime, to check on how child custody and child support work in the State of Nevada, please see the materials posted at: http://www.willicklawgroup.com/child-custody-and-visitation/ http://www.willicklawgroup.com/child-support/ You should also do whatever is necessary to cease being part of a violent relationship.  Please see http://www.willicklawgroup.com/domestic-violence/... Read More

You cannot remove the child from the state where the child is now without the father's permission or a court order. Doing so would open you to felony level kidnapping charges. You have to file a motion with the court that issued your present custody orders to modify custody (based on dad not exercising the custody he has), and for relocation of the child to your state.... Read More

The timing of events is a bit unclear.  The relocation laws apply equally to sole and joint custody.  See the statutes and materials posted at http://www.willicklawgroup.com/child-custody-and-visitation/.  There may be an argument about "acquiescence" if your original out-of-state move was years ago, but the devil really is in the details, and your best move would be to consult with a Nevada family law specialist before any legal actions are started.... Read More