Nevada Child Custody Legal Questions

Your facts are not entirely clear -- particularly as to how long things have been going this way, the ages of all involved, and whether there has been any involvement by authorities, including CPS. To answer the question you actually asked, you could seek an actual custody order (maybe; you do not say what happened to the father, and what if any legal and physical custody orders are in place for anyone involved).  Options include seeking guardianship, or a visitation or custody order, or even a formal adoption. You should probably review the information and materials posted here, first: http://www.willicklawgroup.com/child-custody-and-visitation/ http://www.willicklawgroup.com/guardianship/ Then consider a consultation with a family law specialist who can analyze the specific facts of your case and suggest what might be most effective to do what you think is appropriate for the young lady in question.... Read More

A case?  Sure.  So does the bio father, presumably -- if it was black and white clear, you would not be asking this kind of question, and the devil is always in the details of such cases -- in this case the precise history, not just how much time was exercised but why (forced or by choice, most basically), and even more importantly, what has now changed, and why it has changed. For the rules, the relevant statutory factors list (what the judge will be weighing), and a lot more background and reference material, see http://www.willicklawgroup.com/child-custody-and-visitation/. But to actually get an answer to your question that will mean anything -- and to adequately prepare for what is coming -- you need to consult with a family law specialist well versed in every aspect of child custody cases and knowledgeable about the process, the judge you will be in front of, and host of other more subtle matters.  You should get that consultation as soon as possible.... Read More

Possible?  Yes.  But without further information, it is impossible to tell what is "probable."  You might want to think about, and suggest, a verifiation regimen where someone (a third party) administers and actually observes the meds being taken.  Absent that, yes, you are left with only the difficult and onerous path of instituting contact restrictions, which are near-certain to meet resitance. Without a complete knowledge of the fcts, it is nearly impossible to suggest a course of action -- what you need is a detailed consultation with a qualified family law specialist.... Read More

Your first step is to gain knowledge.  Start with the materials posted at: http://www.willicklawgroup.com/child-custody-and-visitation/ http://www.willicklawgroup.com/child-support/ http://www.willicklawgroup.com/domestic-violence/ http://www.willicklawgroup.com/preliminary-matters-and-motions/ 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 (in Las Vegas) 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 vastly improved Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read More

The degree of "difficulty" will mainly depend on the attitude of the parents, and the history of the case.  As a legal matter, a "child of suitable age and discretion" is legally entitled to have input into his living circumstances, and most judges do not want to separate siblings, so they tend to go together.  For the relevant statutes, a flowchart showing procedure, the listing of the statutory factors, and  lot more relevant information, see the explanation and materials posted at http://www.willicklawgroup.com/child-custody-and-visitation/.  But realisticaly, for a meaningful evaluation of youir chances of success, you should get copies of all relevant orders, information, and relevant documents, and make a consultation appointment with a qualified family law specialist to go over the facts and give specific advice.... Read More

The terminology used is not accurate (there is no such thing as a "transfer"), but it appears that you have the concept.  After the child and a person acting as a parent had been gone from NV more than 6 months before litigation as to custody had started, UT became the "home state" and the place where custody litigation should occur.  See “The Basics of Family law Jurisdiction” posted on our child custody page, http://www.willicklawgroup.com/child-custody-and-visitation/. The divorce itself can be sought in either UT or NV, as explained in the same article.  If you need any further explanation, you should consult with a family law specialist.... Read More

Yoiu do not indicate where the PPO was issued (presumably, VA).  Presuming that you have an existing custody order, that order can be registered in NV and will then become a NV order, as enforceable here as there.  There could be some jurisdictional complications depending on who will live where once you move (i.e., if you relocate, but your ex remains in VA, that state will maintain "CEJ" -- Continuing Exclusive Jurisdiction to modify the order, until and unless VA relinquishes that jurisdiction to another state or until everyone leaves VA).  For an explanation, see the materials and articles (especially "The Basics of Family Law Jurisdiction") posted at http://www.willicklawgroup.com/child-custody-and-visitation/.  You may also want to check out our Domestic Violence page.  For more precise information, or if you believe that you need attorney assistance to register your order here, or for anything else, feel free to call our office during regular office hours.... Read More

Short answer: no, not directly; there is normally no obligation to provide notice to anyone when you hire a lawyer. Your facts, however, are much too convoluted and fact-specific to see what the actual point of the question might be; unclear from any of it is how this sitation was created in the first place -- the facts giving rise to the guardianship, and what has changed since then. In these circumstances, no amount of general e-mail guidance is likely to be of much help; you should try to locate a family law specialist in Reno with whom to consult and go over the entire factual history and all pending motions, as soon as possible.... Read More

Well, a request, in and of itself, does nothing to affect who pays what.  Presuming what you actualy meant was "If the court orders that we have joint custody, does it affect child support?" the answer is "maybe."  It depends on income. A couple of things you should know: first, the definition of "joint custody" was changed in 2009 -- it now means any time share of 60/40 or closer.  For an explanaiton, and data as to what custody schedules do and do not meet this threshhold, see the materials posted at http://www.willicklawgroup.com/child-custody-and-visitation/. Second, if you do end up with joint custody, who pays what support to whom is determined by offset.  For an explanation, and a posted calculator to make it easier, see the materials posted at http://www.willicklawgroup.com/child-support/.... Read More

Well, who knows who she actually spoke to (if anyone) and whatever that person might have said, but the short version is "no."  While there are old cases indicating otherwise, modern law is that custody and visitation are separate -- a failure of one does not affect the other, certainly not automatically, and perhaps not at all.  Her remedy is to file a motion to reduce arrears to judgment -- and yours is to file a motion seeking to enforce visitation.  Each of you could of course file a countermotion to any request made by the other, but they are not directly dependent on one another, and each will be treated separately.  See: http://www.willicklawgroup.com/child-support/ http://www.willicklawgroup.com/child-custody-and-visitation/... Read More

If there are no child custody orders in place, then moving to another state with your son is not kidnapping. However, Nevada may still be considered the "home state" of the child and if your husband files for divorce and custody, then you would need to return to Nevada for court appearances. That will depend on which state is considered to have jurisdiction. Either way, relocating with your son is not kidnapping.... Read More

There is not enough information here to even see what is actually going on, nevertheless evaluate odds of success.  For background on what factors the court will consider, see the information and materials posted at http://www.willicklawgroup.com/child-custody-and-visitation/.  But it seems clear that you need a consultation with a family law specialist to go over all the facts and circumstances, and to gain an understanding of your options and possibilities.... Read More

When CPS takes your children you have no rights. They don't need any paperwork. They have powers greater than the police when it comes to children. You should have been notified of a court date by now. You need to ask for a public defender, or hire a private attorney. You will not be getting your children back until you have a case plan and have substantially complied with that plan. Clearly you intended to remain with your spouse, who CPS believes is abusive or otherwise between the two of you creates an environment in which the children are not safe. So long as you intend to remain with your spouse, without addressing these concerns, you won't get your children back. Your caseworker is in charge of when and how you will see your children. Your attorney can help with this.... Read More

You should at least consult with a lawyer. However, if you are not using any illegal substances, and you are otherwise a fit parent, you should not have any problems. My concern and recommendation for speaking with an attorney stems from your claim that you lost your last child to CPS 2 years ago and "never got him back." Why not? You should have been put on a case plan that included sobriety, and since you claim you are sober now, you should have gotten your child back. That fact that you didn't leads me to believe that either you have a bigger drug problem than indicated here, or there were serious other complicating factors.... Read More

There are many ways to "look for a lawyer" beyond on-line or print ads.  Rating services such as Avvo and Martindale (lawyers.com) contain both objective and subjective "ratings" -- but be careful -- a lot of folks with an axe to grind of one sort or another post negative "reviews" hoping to injure lawyers they don't like. If you seek a certified specialist, there is a list posted at the State Bar's web site at http://www.nvbar.org/content/certified-specialists.  Beyond that, the top of the profession is listed, with biographies, at the American Academy website, http://aaml.org. As to resources for getting specific advice and filing papers, if money is a severe problem, you do have some alternatives.  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 (in Las Vegas) 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 vastly improved Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.  ... Read More

There are obviously a lot of factual details not noted in this question.  If you (or anyone else) wants to consider stepping in for your sister, you should consider all available possibilities -- temporary or permanent guardianship, an actual custody order, or even a termination of parental rights followed by an adoption.  You can get an explanation and background on all of those things on our website: http://willicklawgroup.com/guardianship/ http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/termination-of-parental-rights/ For a more complete analysis, of course, you should make an appointment with a family law specialist, give a complete factual history, and go over all possibilities.  ... Read More