Nevada Child Custody Legal Questions

Your facts are a bit confusing, and seem contradictory.  For information on child custody cases, motions, etc., see the information posted at http://willicklawgroup.com/child-custody-and-visitation/. Consider seeing a private lawyer; if you really can't afford one, consider at least a consultation at the free Thursday afternoon "Ask-A-Lawyer" program at family court.  Consider applying for pro bono assistance through the Legal Aid Center of Southern Nevada.  If you really believe that you must file things on your own, forms with explanations are posted at the Clark County family court self help center website.  See http://www.familylawselfhelpcenter.org/.... Read More

It is unclear just what, exactly, you are seeking.  You do not say anything about the children, their ages, their adjustment, their desires, or what it is that you actually want to achieve.  You don't say why the judge "wants to restore custody to her" (it is possible that the court was just giving some potential carrot to your ex of some custodial rights as an incentive to clean up).  If you cannot hire counsel on your own, contact the Legal Aid Center of Southern Nevada (LACSN) about potential pro bono assistance, or the State bar of Nevada's reduced fee program, or consider going to the Thursday ask-a-lawyer program at family court.  But one way or another, clarify the situation, your desires, the kids' wishes, and get some advice based on the actual facts, from a family law specialist if at all possible.... Read More

From your recitation, it is not clear that the attorney did NOT do what you asked; he or she might have, but the court apparently ordered "reunification" to be attempted in any event -- that would have been the same order whether you were granted sole or primary physical custody -- on your facts, the two are virtually the same (sole custody does NOT mean that the other parent ges no contact).For background, see http://willicklawgroup.com/child-custody-and-visitation/.It seems that the primary problem is one of communication between you and your lawyer.  I suggest an appointment and a detailed conversation going over all your concerns; if that does not answer all questions to your satisfaction, bring ALL of paperwork to a consultation with a family law specialist for a second opinion.... Read More

There is not nearly enough background information to answer that question.  What kind of agreement -- oral?  Written?  Implicitly understood?  Court-ordered?  What kind of "break" (disappeared from town?  10 minutes late on visitation?)  What is the relationship between the parents? (married?  Divorced?  Never married?)  Is there any kind of legal structure in place? For background, see http://willicklawgroup.com/child-custody-and-visitation/.  But you are going to need this question -- with lots of further information -- past a family law specialist in order to get any kind of meaningful answer to it.... Read More

You do not indicate when your parental rights were terminated.  If you believe it was improper, you have the right to appeal -- but there are VERY strict time limits within which to do so.  See http://willicklawgroup.com/appeals/. If you think it is still timely, you should consult a family law specialist immediately.... Read More

Your inquiry raises a lot of questions.  Why is there no custody order?  Presumably, you two were never married, and no paternity/custody action was ever filed.  If that is so, the answer to "isn't it illegal?" depends on whether he was on the birth certificate -- under Nevada law, if SO, you two have exactly equal custodial rights in the absence of a court order, but if NOT, you have custody as a matter of law until some court says otherwise. Time is not your friend -- even at two or three months, your ex could assert "acquiescence" -- that you are perfectly OK with the current arrangement because you did not do anything about it.  And if people live in different states, you could even lose the ability to proceed in this jurisdiction if you let 6 months pass. You should take a preliminary look at the child custody, child support, and paternity pages posted here: http://willicklawgroup.com/.  Then you should make an appointment -- SOON -- with a family law specialist, in this firm, or some other firm, to go over the full history of what happened here, and get a detailed explanation of your rights, and options, before any more time passes.... Read More

Several facts are a bit vague, by euphemism and otherwise.  However, if the custodial parent is not doing those things that the existing court order calls for to maintain the relationship during some period of recovery, I do not suggest waiting a year -- child memories/attachments are fragile, and a charge may well be made then of acquiescence to non-contact.  Document the failures, and make a written demand for actual compliance with the existing order; if not adequately addressed by that means, file a motion to get that compliance or other changes to the schedule and order.  Doing anything less could be seen as giving up the rights to contact not being insisted upon.... Read More

The overall situation is a bit unclear, but if the facts are: Everyone was living in California. While there, some court entered some kind of custodial order (temporary? permanent?  separation? divorce? subsequent reconciliation?) Somehow despite that order both parties and the children are living in Nevada.  Apparently, no one has registered the CA order in NV. Given the short time frame (less than 6 months), if you returned to CA, and moved to modify the custody order the court might consider those facts adequate to continue the prior litigation (the States are a bit divided on such back-and-forth moves and their impact).  Or Nevada might now be considered the most appropriate forum. To answer "how the system works here," see: http://willicklawgroup.com/child-custody-and-visitation/. But you really should consult with a family law specialist, answering all the above questions and explaining exactly what happened when and where -- and should do so before 6 months have passed since leaving CA -- to get a more reasoned analysis.... Read More

There is not enough information to give a coherent answer -- "placed" by whom?  When?  How?  Is there a case pending?  If so, divorce, or abuse and neglect, or some other?  You can look at the resources we have posted on normal custody orders and modifying them: http://willicklawgroup.com/child-custody-and-visitation/ But I think you are going to have to consult with knowledgeable counsel and explain in MUCH greater detail just what the factual background is, what has happened, and how, if you hope to get better answers.... Read More

There are many missing facts.  Presumably, you have either the written consent of your ex for the relocation, if you are primary, or a court order -- or you are not the primary custodian, which seems more likely.  The statutes provide for an adjustment in support when a primary custodian relocates with children, but not for the relocation of the non-custodial parent.  Still, that big a change of circumstance would be a valid basis for adjustment of both the custodial and support terms; how, exactly they would be adjusted depends on a slew of facts, including the existing orders, the relative means of the parties, etc.  You can find some background at: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ consider having a consultation with a family law specialist to go over your specific facts and circumstances.... Read More

If the facts are as you represent, you can relax a bit; some legal changes in the 1980s mean that the parents' filling out an affidavit of paternity (that is HOW your name got on the birth certificate if you two were not married) has the same legal effect as a court order of paternity.  See the explanation and materials posted at http://willicklawgroup.com/paternity/. And if, as you indicate (but did not explicitly say) the child has lived in Nevada since birth, this is the only State with jurisdiction to make a child custody determination for the next 6 months, even if mom leaves with the child during that time.  In the eyes of the law, you two have exactly equal legal rights just now.  See "The Basics of Family Law Jurisdiction" posted at http://willicklawgroup.com/child-custody-and-visitation/. Procedures have changed in recent years; as paternity has already been established, you can file an action for child custody, visitation, and support, either "in proper person" (forms at the Clark County Family Law Self-Help Center) or through counsel.  You really should consider at least a consultation with a qualified family law specialist before proceeding.... Read More

It is not hard to change a name, and you don't need a reason. However, you do have to notify the child's father, and he can object if he wants to on the basis that he wishes the child to carry his last name for traditional reasons. The fact that he is active in the child's life weighs in his favor. You cannot complain that you are not getting child support from him if you have not gone after it. If he is not paying voluntarily, you need to open a case with the DA's office and they will enforce the child's right to support at no cost to you.... Read More

Short answer:  Probably not.  Unless your court order says otherwise (usually by way of a "right of first refusal" clause) what you do with the kids on your time -- including who they are with and who you have watching them -- is up to you.  See the Rivero case, posted at http://willicklawgroup.com/child-custody-and-visitation/.  That said, if there is an ongoing problem, you should consult with a family law specialist.... Read More

You can file for paternity (and for orders relating to custody, visitation, and support) now, but the action will be stayed until the birth of the child.  For information, see: http://willicklawgroup.com/paternity/ http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ You can file yourself through the Clark County Family Law Self-Help Center forms, or you can consult with, and file through, a family law specialist.... Read More

The day she turns 18 she is free to move wherever she wants. Peculiarly, if she is still in high school, any non-custodial parent (and if she moves that would mean both of them) might still be liable for her support, and the support follows her to wherever she is living, until she graduates or turns 19. If you need further assistance, I strongly suggest that you consult with a family law specialist. Meantime, see these guides: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/  ... Read More

Short version -- you change the order by way of a motion.  Not enough information provided to be more specific -- it makes a difference WHERE the underlying order was entered, and who has been where since then.  For background, see "The Basics of Family Law Jurisdiction" posted at http://willicklawgroup.com/child-custody-and-visitation/. If jurisdiction is in Nevada, there are at least two obvious means of proceeding, based on the non-support (an old case called Chesler may be of use) and based on the age of the children and the concept of "teen-age discretion" (they are a bit young for this, but it is worth discussing). If you are not sure which state has jurisdiction to make a decision based on your facts, get the underlying order, and a timeline/chronology of who has lived where since it was entered, and call this office, or that of another family law specialist well versed in jurisdiction, and it can be figured out in short order; you will then know what you can do, and where you can do it.... Read More

Until there is a court order, there are few "rules."  But you don't supply enough information to know what the default is -- things are different depending on whether you were ever married to the father, whether his name is on the birth certificate, and what the background facts are, as to your relationship, etc. You should take a look at a couple of resources for background: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/paternity/ For specific advice you should confer with a family law specialist.... Read More

Lots of important facts omitted from the question.  Presuming the order is a Nevada order, you get it changed by filing a motion to amend the custody and visitation of the children with the Nevada family court.  See http://willicklawgroup.com/child-custody-and-visitation/.  Obviously, if the facts are different than supposed (the order is from elsewhere, for example), you may need to file in another place.  You probably should consult with a family law specialist, bringing with you ALL orders, correspondence, recordings, evidence, etc., to which you refer or that you think is relevant.... Read More

You bet.  The options are short or long-term guardianship, or an outright Complaint for Custody of the child, or even perhaps termination of parental rights and adoption.  Please review the explanation and materials at: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/guardianship/ http://willicklawgroup.com/termination-of-parental-rights/ http://willicklawgroup.com/adoption/ You will probably need to carefully consider all options, and consult with a family law specialist well versed in these subjects before deciding what to do and how to do it.... Read More

You have been separated, without a Decree of Separate Maintenance, or a divorce, for 10 years? Well, the only way we see to obtain the records you seek (presuming your spouse will not provide the information willingly) is to file an action, and subpoena the information from the military. It sounds like you are many years overdue to have a serious discussion with a family law specialist about many issues -- child custody and support, property and debt division, alimony, and status.... Read More

Short version, if I understand your facts, "no."  In the absence of a court order stating otherwise, the parent with actual physical custody a majority of the time is entitled to claim a minor child as a dependent for exemption and other tax purposes. If this matter is disputed, it would be wise to consult a family law specialist, and to specifically provide for tax exemptions while dealing with formal orders of custody, visitation, and support.  On that last score, unless the father is unemployed, he should probably be paying a lot more than $100 per month in child support.  For the current guidelines, see the chart posted at http://willicklawgroup.com/child-support/.... Read More

Your story is a bit hard to follow, but assuming the child is in Arizona, and the case is in Arizona, you are going to need an ATTORNEY in Arizona.  There is without doubt some kind of AZ legal aid or pro bono project; please do a bit of research on line and you should be able to find it, but I also suggest that you slow down and make your story comprehensible, so when you do have to explain it, what happened and why will make sense to whoever you finally talk to.... Read More

Whether such a move is "kidnaping" is still being debated in legal circles -- the recent Druckman decision, in which the Nevada Supreme Court held that the usual relocation rules apply even to unmarried persons, so long as paternity has been established (by court order or by dad being on the birth certificate) is currently on "rehearing" (there may be a second opinion).  But for now, the safe bet is to not relocate out of state without getting written permission of the other parent, or a court order.  For explanation and details of relocation matters, see http://willicklawgroup.com/child-custody-and-visitation/.... Read More

Is there an order for such meds to be transferred with the child?  If not, and if the other parent cannot be reasoned with, then your options would appear to be to replicate the prescription while the child is with you (the doctor will probably accommodate), or to get an order governing such behavior by returning to the family court on a motion.... Read More