QUESTION

Do I include other requests like right of first refusal in my counterclaim?

Asked on Feb 27th, 2014 on Child Custody - Nevada
More details to this question:
I have been served a complaint for custody, visitation and child support in Nevada. I have prepared my answer and counterclaim, but there are other requests that are not covered in the packet that I want addressed. Such as a right of first refusal and who will claim the child on tax filings. Do I wait for mediation to bring these issues up or do I have to include them in my counterclaim?
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1 ANSWER

Family Law Attorney serving Las Vegas, NV at Willick Law Group
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Normally, it is a good idea to include in your moving papers all requests for relief.  Those usually refer to "motion papers" (motions, oppositions, and replies).  "Pleadings" are a Complaint, an Answer (with or without a Counterclaim), and a Reply.  If you are not sure, it will usually not hurt anything to include your requests for relief in the pleadings.  If mediation results in a parenting plan addressing everything, great; if not, the judge will have your requests on file when it comes time to make a ruling.
Answered on Mar 01st, 2014 at 12:39 PM

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