this and I have him more than his dad because my husband works out of state. We have been doing this arrangement for a year now, and just today she told me she is keeping their son on Sunday (which is the day we always switch off) because of Mother's Day and she still wants him back the... Read more »
Since it appears from your question that there is no legal custody order in place, Mom has the right to keep her son if she chooses without legal repercussions. I suggest that Dad file for custody and get a legally binding order in place for his custody rights and avoid any future issues like... Read more »
Custody order wanting sole custody. Well I wasn’t able to make it to court so judge gave her sole custody and I have no rights or visitation. But in 2016 I moved back to Nevada to be in my daughters life. I’ve been around my daughter for almost 5 and half years. I’ve taken her places bought... Read more »
I believe strongly in retaining counsel whenever you have a legal matter regarding custody of children. These cases can get very complicated and you are fighting for the most important and fundamental right as a parent. It should be handled by an experienced attorney to get you the best possible... Read more »
he took me too court for contempt he was granted 5 days of Xtra parenting time.can he add that to his already long 16 day time-frames in summer or do I have a right to say no.
Normally with proper notice he can add the awarded 5 days to any time period he wants with limited exceptions. For the most part, holiday's and the other parents vacations or special days are off limits. Review the Order which gave him the additional time for specific's. You may also... Read more »
That are approved for by his insurance. My son has been sick throughout the year school year I picked out two doctors made appointments because he hadn't give me his doctors that he suggested. Then he decides to go and find a doctor and take him to the doctor. I still want them to go to a... Read more »
If the custody order awards you both joint legal custody, then you both have the right to take the child to doctors if needed. it is important that you both discuss the choice of doctors as the court is expecting you both to co-parent. Please know that with joint legal custody, one parent cannot... Read more »
It will not affect the other party's parenting time within any fashion. I don't see anything within the MSA that says that I can't move within the city. Do I need to do anything as far as what the law says?
As long as you are not infringing on the other parent's custody/visitation times, you are not prohibited from moving to a new residence. Be sure to inform the other parent of your new residence.
My significant other and I have been together since sept 2013. Child was born Jan 2012. Biological father has never put forth any effort to support (financially or emotionally) the child and has been in and out of jail and prison the child’s entire life. I’ve been acting in place as his father... Read more »
The child's mother can file with the Court requesting to obtain a passport for the child. When granted, the Court will order that the passport can be obtained without the Biological father's signature.
The child's mother can also file for sole or primary custody and child... Read more »
If it is child abandonment, would the mother still have to petition through the courts for him to sign over his parental rights?
In Nevada, abandonment occurs after a 6 month absence from the child. However, the absence doesn't automatically amount to giving up the parental rights to the child. The mother would have to file with the court to have the rights terminated.
Does she have the right to come from az to nv to take him from us when She's had zero contact with him
As the biological mother she will have rights. the extent of those rights will depend on the facts of the case.
She was arrested for assault on her court ordered week for premeditated assault. She brought the kids to my house pretending she had to work, told the person she was going to assault she would be back to “smash her face in” went back and assaulted her. She was arrested and had an outstanding... Read more »
A TPO is filed if their fear of threat of domestic violence, harassment or stalking, workplace harassment, sexual assault or child abuse.
If you are in this situation, then you should consider filing a TPO.
We agreed on the hyphenated last name so the mother was happy, but overall we wanted him to have his dads last name(O’Neill). Was it wrong how we hyphenated it. Is the first last name what places,business, etc go by? Thank you.
if the legal name is hyphenated, the entire hyphenated name should be used as his last name.
Ex husband will nor come to an understanding or arrangement.
Unless your Order gave you permission to relocate with the children, it is best not to do so without either the other party's consent or Judge approval as you will likely be Ordered to return the children, may have to pay for the other side's attorney fees and/or may cause the judge to... Read more »
My ex husband and I share 50/50 custody of our sons. We agreed to pull our 5 year old out of kindergarten due to us believing he is not ready for school yet. We had agreed not to force him to go to dads when he is refusing to go and now he is also forcing him to go after telling him he wouldn’t.... Read more »
this answer depends on your decree. if you both share joint legal custody, it is customary for both parents to be involved in this type of school decision - unless your decree states differently. Further, giving a five year old the right to decide on custody/timeshare is not something a judge... Read more »
I have primary but share legal. Other parent refuses to let me know who's around our child when in her custody.
Normally speaking, a parent in a custody/divorce case with children does have the right to know where and with whom their children are spending time with. I say normally, because at times this gets a bit tricky with the parents becoming unreasonable in this request. Parents, during their assigned... Read more »
A ruling was made and i filed an appeal does the same judge have say so over my appeal
Normally when a case in family law is appealed, it goes to the Court of Appeals and has a new judge assigned. It is important to know that appeals are very lengthy, costly and complicated and not every case can be appealed.
I am the primary custodial parent, child lives with me full time.
As long as there is no court involvement, you are legally free to move with your child out of state. Both parents have the same rights to their children absent any court orders and thus the other parent may oppose this move and may file a motion with the court that may prevent your move.
I've been in custody fight for 2 years. Court recently awarded father custody. My children don't want to live with their father, but judge won't speak with them (Girls- Ages 10, 12, 13) When I took them to meeting place, they would not go with thier father and police came. Police did... Read more »
Although I understand and sympathize with your situation, generally speaking children younger than 15 or 16 years of age do not usually get to make decision as to custody preference. However, you might be able to have the children interviewed to see if the children's hesitation to go with the... Read more »
I raised my nephew 2-6 yrs old hrs 8 now his dad never was around my sister really dnt care about his future she doesn’t even let him comb his hair with gel she moved to Vegas in March I haven’t spoke to him my sister doesn’t let him contact me out of spite n jealousy well I heard she was... Read more »
it is a very commendable thing you have done in caring for your nephew. unfortunately if there is no court order giving you rights to custody or guardianship of your nephew, you don't really have legal rights.
if you are concerned about the safety of your nephew, you can always ask... Read more »
I filed a custody complaint and served the mother within the required time, then she filed an answer and counterclaim but DID NOT serve me those documents. It’s been well over 45 days and we have upcoming court date next week. Since she failed to serve me, can I request default judgement in my... Read more »
Good Morning,
The Court will not grant you a default as she has filed an Answer and Counterclaim.
You should attempt to obtain the documents and file your Answer to her Counterclaim. In your Answer add in a line that states you were not served but were made away that the Answer and... Read more »
failed to serve me the plaintiff. do I now have justification in court to file for a default judgement for myself the plaintiff?
Technically she should have filed an Answer and Counterclaim to your Complaint. If, as you state, she only filed a Counterclaim without an Answer, she must still file the Answer but I do not believe the judge will allow for a default as she has already replied in some way to the Complaint.
In May my ex moved out of town and gave me primary physical custody. I filed the stipulation and order with the judge so that everything was on the record. The stipulation and order clearly states in the first line that this is a temporary agreement until she moves back to town or if she moves out... Read more »
If an existing child support order is in place, a modification is only warranted in the case of a 20% change in income. If not, any parent is entitled to motion for child support, however the amount is based on the custody arrangement in place. I would suggest you enlist the help of an experienced... Read more »
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