Nevada Child Custody Legal Questions

If "person: is one of the parties to the litigation, AND if the Notice of Appeal is filed within the time limits -- sure.  See explanation and details posted at http://willicklawgroup.com/appeals/.  The order seems strange from this description, but do not take this response to the posting ANY kind of evaluation of the merits of an appeal -- for such, you should contact, and consult with, a family law specialist well-versed in appeals, and you should do so very soon.  There are not many people with those qualifications, so be careful with your selection of counsel.... Read More

"Able"?  Well, as it apparently happened, the technical answer is "yes."  You appear to actually be asking what you can do about it.  Insufficient details are provided to do a full analysis, but an initial question is jurisdiction.  You do not say how long the child spent with his uncle, or who lived where (in what State) during and prior to that time, for how long.  All of that is relevant to figuring out who can do what, and where it must be done. First, create a timeline going back to the birth of the child to answer that question (a guide for doing so is posted on http://willicklawgroup.com/consultation-policies/.  Then consider substantive jurisdiction, to figure out in what State you need a good Family Law specialist.  A primer is "The Basics of Family Law Jurisdiction" posted at http://willicklawgroup.com/child-custody-and-visitation/.  A lot of other useful information is posted there as well. Then get to a well-informed family lawyer in the appropriate place, and do so soon -- you are going to require a more detailed analysis, and evaluation, than can be done by email.... Read More

Without more details, the only answer possible is "maybe."  Do you mean for a trip, or permanent relocation?  If the former, look at what the decree says (if it is silent, presumably there are no limitations).  If you mean relocation -- moving with the kids to stay somewhere else -- state law prohibits doing so without the written consent of the other parent, or a court order allowing it.  See the explanation of the relocation cases at http://willicklawgroup.com/child-custody-and-visitation/ and consider consulting with a family law specialist soon.... Read More

There is not NEARLY enough information provided to hazard any response to that question beyond "maybe." Are you on the birth certificate?  If not, have you been adjudicated the father of this child?  Are you or have you been married to the mother?  Did you ever cohabit with the mother?  How old is the child?  Where does everyone live?  How long have they been there? I suggest you look over the child custody and (if applicable) paternity pages of our website, which may answer your questions.  If not, consider asking a more detailed question or (better) scheduling a consultation with a family law specialist to go over your particular facts and circumstances.... Read More

You have a conflict, apparently -- the Order was contemplating 3-day weekends (Friday to Monday) and you have a 4-day weekend at issue (Friday through Tuesday). Without knowing more of the context, it is hard to be very certain what was intended, but it appears that the Petitioner was supposed to get the weekend attached to the Veteran's day holiday, and the court would most likely say that if it was 4 days instead of 3 days, that does not make any difference to the allocation.... Read More

The procedures involved in the abuse and neglect courts can be somewhat arcane, but there are some lawyers that specialize in such cases, or are well-acquainted with the ins and outs of those courts.  While this office does not practice much there, we do keep a list of some that do; feel free to contact this office next week, and we will provide some referrals to some offices that you could inquire through to see if they could help you.... Read More

Your story is a bit unclear, and it is hard to see why you have waited over 7 years to seek legal assistance with it.  If you cannot get anywhere witht he D.A.'s office, and the facts are that (1) yoiu have at all times had actual custody of the kids; (2) the other parent never obtained welfare for support of the children [it is very difficult to see how your mother fits into this situation]; and (3) there is not a court order stating that you should have been paying child upport all these years that you did not take the time to change, then a qualified family law specialist can probably unwind this in family court, get an order stating that no arrears exist, and get the D.A. to accept it. First step is to assemble ALL your paperwork, from the original divorce and from all D.A. interactions, and see qualified coiunsel to sort it out and analyze it.... Read More

If you believe that there is an imminent risk of physical harm, do what you must to protect your child -- but be prepared to look a judge in the eye and explain why you are in violation of a court order.  Having a lawyer specifically advise you to do so (one that has seen all the paperwork, and understands all the facts) would be better, and better than taking that cue from a doctor.  Still better would be CPS telling you to not return the child.  Have you reported this, and asked for assistance?  If not, you should.... Read More

Short answer "no."  Long answer "sort of" -- it depends on the facts.  There are statutes about abuse, and about neglect -- would you term the child's treatment to be either of those things?  You say nothing about the age of the child, or about any harmful effects suspected or observed.If you are concerned, you should probably first address the matter directly with your ex.  If that proves unsatisfactory, consider initiating mediation, or filing a motion to alter the custody and visitation orders to alleviate your concerns.... Read More

Is it legal? Yes, in that it is not kidnapping. Could it have serious consequences, including your ex obtaining custody? YES. This is a hotly litigated issue, and somewhat in dispute under current Nevada law. Your best course of action is to either have your ex's permission in writing, or to get permission from the court by filing the proper paperwork.... Read More

The first question any judge is likely to ask is "why the heck have you waited FOUR YEARS to say something about this?"  Obviously, there are lots of moving parts to this story. To answer the question you asked, you file a motion to require a specified visitation schedule, with exact locations, pick up and drop off times, and sanctions -- at first monetary, and then moving toward alterations in custody -- if she does not comply. My guess is that part of your problem is the "without hiring a lawyer" part of your question.  You can get the forms at self-help that will enable you to file papers, but for the same reason do-it-yourself surgery centers are not a great idea, not knowing just what you are doing makes it harder to achieve your objectives.... Read More

Your question is not really clear as to either the current facts, the current order, or your request. Whoever has the child more than 60% of the time, if anyone, is the primary custodial parent.  Otherwise, the parents have joint custody.  See materials posted at: http://willicklawgroup.com/child-custody-and-visitation/ If there is a primary parent, the other should be paying child support.  If custody is joint, support is determined by "offset."  See the materials, and explanation, posted at: http://willicklawgroup.com/child-support/ If the current court orders do not match the facts "on the ground," see a family law specialist about making them match.  And if they are not acceptable to you, because of third-party intereference you wish to eliminate or otherwise, speak to a qualified lawyer about modifying the order to make it acceptable to you.  I don't know if anything more specific can be made of your question.... Read More

Your explanation is extremely cryptic -- it is hard to see exactly what is going on, what the existing orders are, and what is pending, if anything.  All that said, the answer to your last question is yes -- judges have enormous discretion in such matters, and if there is an existing order that you are willingly violating, then yes, you can be held in contempt.  However, if in fact the evidence indicates that you are actually preventing harm to a child (other than in the "cops and judges and CPS and doctors all say there is no problem, but I know better" kind of scenario), it is hard to conceive of a judge that would do so. You probably should confer with competent counsel, going over ALL of the relevant facts.... Read More

There are not enough relevant facts to have a clue why (1) you've waited 3 years to make an issue of the matter; (2) your son's age, opinions, reactions, or best interest; (3) WHY your ex "freaks out" if you show up, etc., etc. You can get forms from the Clark County self-help center to file a motion to ask the court to alter the custody and visitation orders, but my guess is that the facts are sufficiently convoluted that you would have a far better chance of actually accomplishing anything with the assistance of qualified counsel.  Of course, that choice is years.  Meantime, for background, the relevant statutes, and other useful information, see: http://willicklawgroup.com/child-custody-and-visitation/  ... Read More

Short answer, yes.  A year is plenty of time to get into compliance, and if you have not reached compliance with the orders, despite multiple requests, visitation should be restricted to protect the child's safety and well being.  Make sure you have your documentation together, and file the motion.... Read More

Short answer: Probably. You do not say what (if anything) your existing Decree says about your absence. If there is no "right of first refusal" granting the other parent the right to have custody of the kids whenever you are away for some period (typically days, but sometimes as short as hours), then your plan makes perfect sense. No, you do not need your ex's permission to leave the State, although it might be courteous to inform him that you will be away, and where the children will be located (as well as a reassurance that his schedule will not be affected). If he objects, you may wish to have your decree, and any correspondence, reviewed by qualified counsel.... Read More

You cannot "get CPS out of the picture" once they are in. They would have to agree to any guardianship being granted. The only way you are going to get your rights back is to work through your CPS case diligently, fully, timely, and with documentation for all you do. Your attorney should be putting you in the right direction for that purpose, but you will need to work very closely with your CPS caseworker. If CPS will agree to a family placement with your mother-in-law, a guardianship is not necessary.... Read More

If you believe your life has been threatened then yes, your first stop is a police station to make a report and get advice.  They may well direct you to a shelter.  In either case, you can find a way to contact them here: http://willicklawgroup.com/domestic-violence/. Once you are safe, then consider contacting a lawyer as to whatever has happened regarding your parental rights.  There really is no such "form."  At the same website, on the "Termination of Parental Rights" page, you can see a great deal of background information that may be of use to you, but it is hard to see just what happened or why from your question, and you really should consult with a qualified family law specialist as to your specific facts and circumstances -- AFTER you talk to the police and get to a point of personal safety.... Read More

Frankly, your question is virtually impossible to understand. If you have an attorney, which you indicate you do (I think), ask youir lawyer.  If you do not, consider consulting with a family law specialist.  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.clarkcountycourts.us/shc/Supporting%20Documents/self_help_supportingdocs.html.... Read More

Short version is that if the two of you are married and have a child, your rights are identical.  See the statutes, discussion, and resources posted at http://willicklawgroup.com/child-custody-and-visitation/. If we are not talking about relocation, but a family visit, you have the same rights she does to do so, absent any other complicating factors (dangers, medical issues, whatever).  That said, do not allow any conflict to escalate to child snatching, and re-snatching, or worse, physical violence.  If you cannot arrange some understanding, perhaps it is time to seek a court order.... Read More

Not enough facts -- you do not indicate who was living where, when, and how the parties all got to their current locations.  This is relevant to determining where a case must be filed.  For a more complete explanation, see the materials posted at http://willicklawgroup.com/child-custody-and-visitation/ See the article called "The Basics of Family Law Jurisdiction" posted at the same page. If you "have no idea how to go about this," you should probably review the posted information, and then have a full consultation with a family law specialist, either in this office or some other, before making any decisions.... Read More

There are too many moving parts, and unknown facts, to your question to give any kind of evaluation of "chances."  You do not, for example, specify what the current visitation arrangements are, whether you have any kind of job prospects where you intend to go (although you do mention housing), or what difficulties the other 3 children are having where they are due to the unspecified "whole story." If your ex will not give consent, you will need court permission for the relocation over his objection.  From what you do say, it appears that you have probably met the threshold "good faith reason" test for relocation, and your evaluation of what to do about visitation and support seems pretty reasonable.  For a review of the test, and the cases, see the "relocation" materials posted at http://willicklawgroup.com/child-custody-and-visitation/.  Especially look over the Schwartz Factors Worksheet. For any kind of more meaningful review of the issue, you will have to consult with a family law specialist; these cases are extremely fact-specific, and it is usually impossible by e-mail to do any kind of reasonable inquiry into all of the circumstances that are relevant. ... Read More

It "can" be done that way, but it leaves you with a HUGE risk. A court order for child support has no statute of limitations. At any time, your ex could claim you didn't pay, and come after arrears. Custody orders remain binding until judicially changed, and violations of such orders can bring criminal penalties. Thus, the FAR better approach is to have your new agreement reduced to a written stipulation and order, which you both sign and is then submitted to the court to become a final court order. This protects everyone and eliminates the risk. There are "do-it-yourself" forms available for this type of thing, and having an attorney do it should not cost much.... Read More