Nevada Child Custody Legal Questions

There are many questions, and this area of the law is in some flux recently.  From your description, I presume that you are not on the birth certificate as the "other parent" -- although you could be after last year's St. Mary decision.  We would need to know all of the factual details -- biological and legal, who actually did what in what order, to evaluate whether you have a viable claim to either custody or visitation. Please put together a timeline (an explanation for doing so can be found at http://willicklawgroup.com/consultation-policies/), and then consider scheduling a consultation appointment with this or another office of a family law specialist.... Read More

There are only two ways to do this: 1. The easy way, the natural father consents to the adoption and you only have to file one legal case. He may consent if he knows it will end his child support obligation. OR 2. You must first file a case to terminate the rights of the natural father under proper legal proceedings, and then you can file the adoption case. Either way, you are going to need an attorney. These are not "do it yourself" cases.... Read More

All of that is pretty vague -- it is hard to tell what is going on, really, in court or out of court.  For general background, and a lot of information about the rules relating to custody and visitation, see Well, if you really cannot get any responses or cooperation -- and make sure, if that is true, that you are keeping a complete written record of your attempts -- you COULD go back to the court to seek to alter the orders, for either this summer or for all future visitation.  As a practical matter, there may just not be time for this summer, depending on how long he was to be away, but a judge will be less likely to send him away again for a lengthy period if the visiting parent will not comply with communication and other orders.  See http://willicklawgroup.com/child-custody-and-visitation/.  For more targeted information and guidance, you should consult with a family law specialist.... Read More

Well, if you really cannot get any responses or cooperation -- and make sure, if that is true, that you are keeping a complete written record of your attempts -- you COULD go back to the court to seek to alter the orders, for either this summer or for all future visitation.  As a practical matter, there may just not be time for this summer, depending on how long he was to be away, but a judge will be less likely to send him away again for a lengthy period if the visiting parent will not comply with communication and other orders.  See http://willicklawgroup.com/child-custody-and-visitation/.... Read More

The question is too complex to be resolved in an e-mail, and not directly connected to whether you can get a job.  For background -- and a LOT of information as to how custody decisions work in Nevada, see the materials posted at http://willicklawgroup.com/child-custody-and-visitation/.  Beyond that, you should have an in-depth consultation with a family law specialist to go over your particular situation, facts, and circumstances.... Read More

You do not provide much background, but I presume from your question that there is an existing custody order, but it states that the child lives with your ex.  If so, the easiest solution would be to do a stipulation and order altering custody and setting support.  If you can't get that cooperation, it is in the form of a motion asking for recognition of de facto change of custody and have support set by the court.  For background, see http://willicklawgroup.com/child-support/ and http://willicklawgroup.com/child-custody-and-visitation/.... Read More

If you had resources, you could simply leave . . . a relative you could live with, or a friend. Without that, you can seek assistance from a shelter for temporary housing and they can help you with the rest. Do a google search for domestic violence assistance or women's shelters to find what is in your area. You will also need to consult with an attorney about custody and child support. There are free resources available for these consultations in both Northern and Southern Nevada. The shelter can help connect you to them, or find the Self Help Center. You do not have to stay. There are options. You only need to seek them out.... Read More

On those few facts, the best answer that could be provided is "maybe."  The statutory factors for custody decisions -- and a flowchart showing the steps and a lot of other information -- is posted at http://willicklawgroup.com/child-support/.  Rules governing child support are posted at http://willicklawgroup.com/child-support/. There are provisions in law that could lead to orders prohibiting a party from taking kids to other countries, or to have to post bonds, etc., as a condition.  Obviously, a lot depends on the facts.  You really should schedule a consultation with a family law specialist.... Read More

Short version: "no."  It would appear that someone involved is misrepresenting.  Of course, insurance companies have all kinds of weird restrictions in their policies, but for decades recalcitrant insurers, even across state lines, could be ordered to provide coverage under QMCSOs, if necessary.You should not adapt custody to the vagaries of an insurance policy; you should probably consult with a family law specialist.... Read More

I can't tell what question you are asking.  If you don't care about the visits not happening, you should probably confirm in writing that, at his choice, he is not picking up the child for visitation going forward (keep a copy).  For support, again, it is unclear what you are asking -- if you want help with collections, you should consult with a qualified family law specialist about mechanisms you can put into place to be sure you get what is owed, by wage assignment or otherwise.  Meantime, see the materials posted at: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/  ... Read More

About your only means of either obtaining reliable permanent placement or having legal rights as to vacation travel/visitation restrictions is to obtain a formal court order of custody, visitation, and support.  For background, the rules, statutes, etc., see: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ For an analysis of your specific situation, of course, you will need to consult with a qualified family law specialist, who will go over all of your facts, circumstances, and history, and can assist you in evaluating what, exactly you could do, and how; then you choose a course of action that you think would be in your and your child's best interest.... Read More

Well, there is no presumptive means of "undoing" an adoption, which was probably preceded by a formal Termination of Parental Rights, although you do not mention those proceedings.  About the only way you could possibly proceed, absent cooperation of the other parties, is to file an action to set aside the termination (and therefore the adoption) for fraud, coercion, duress, etc.  On the facts as you have set them out, this would be an uphill battle.  You should probably take all of your paperwork to a full consultation with a family law specialist to go over all the facts and circumstances and determine whether you have a possible case to make.... Read More

The most recent opinion by the Nevada Supreme Court -- called Druckman -- says that all parents of children have the same rights regardless of marital status.  If he is on the birth certificate, the two of you have presumptive equal rights and if you wish to relocate with the child, you should obtain his consent or a court order approving the relocation.  For details, see the materials and discussion at http://willicklawgroup.com/child-custody-and-visitation/.  For more personal guidance, contact a family law specialist for a consultation.... Read More

Can the Judge consider his motion to relocate? Yes. Will he be granted the ability to relocate, thereby changing custody (you cannot share 50/50 custody with that great a distance, at least not with school age children) and changing visitation? No way to say without knowing much more. Of course he, as an adult, can move wherever he wants. But whether or not the children move with him and custody/visitation is changed is what is at issue. He needs to file a motion, even if moving within the state, unless he has your consent to a change. Most importantly, can he prove a material change in circumstances affecting the welfare of the children since the last custody order was entered? If your divorce was recent, the answer to that question is likely a NO, and that means custody should not change (or at least not change to have the children move from where they are already stable).... Read More

The children's mother needs to try and get the children into counseling, so their voices can be heard in court through the counselor. Consulting with a good custody attorney can also help the mother develop a game plan and learn how to gather admissible evidence for a possible motion to modify custody.... Read More

As you probably know, White Pine County is pretty small, legally, so fewer services are available.  You could access and adapt the Clark County forms found at http://www.familylawselfhelpcenter.org/.  You might also review all the resources for self-represented persons found at http://nvcourts.gov/Law_Library/Representing_Yourself/.  If you are unable to proceed with those resources, you will probably have to at least consult with a family law specialist.... Read More

No, not without the permission of the hospitalized parent, or a right of first refusal to provide care in your court orders. Otherwise, it is the right of the custodial parent to determine who cares for the child when the custodial parent is unable to do so. Or you can file an emergency motion to have the child placed with you until the other parent proves fitness (which likely depends on why the other parent has been hospitalized).... Read More

Well . . . probably.  The "telephonic appearance" and other rules are not designed for evidentiary hearings.  If you are a witness -- and I presume this is a custody case involving you and your child, so I presume you are -- there is no substitute to you being available, in court, for examination and cross-examination (sometimes, video appearances are permitted if necessary).  It is hard to see how you would NOT be a witness, but you did not say much about what kind of hearing it is, or why it is being held, so it is difficult to be sure.  if you have questions of this sort, your first call should be to your lawyer to ask who is to be called; if you cannot be present, make sure that your absence has been cleared with the court in advance.... Read More

Your facts are a bit unclear, but from what was said it would appear that Nevada is the child's Home State and retains jurisdiction; your next move would be to go to court to ask for a custody order and a pick-up order, and then seek assistance in California from the authorities to enforce it.  You may want to consider a full consultation with a family law specialist before doing anything since the facts are really unclear and your options might be different depending on lots of things you do not mention -- such as whether the CPS/D.A. folks issued orders as to where the child was to be, whether a judge has any further hearings already planned, who had what rights coming out of the prior round of proceedings, etc.... Read More