Henderson, NV asked in Child Custody, Family Law and Landlord - Tenant for Nevada

Q: can my parents kick me out during Covid and keep my son?

When I divorced my husband my parents made me and my son move to Las Vegas. They said we could live with them rent free until he turned 18. The judge ordered my husband to give back my car but my mother said I could have hers because she didn’t want to take me to pick up mine. The night before Covid my step dad said if I left I couldn’t come back. I left anyway and came back early the next day. I was locked out and they wouldn’t give me my son. I have full sole custody. Even though court orders say my ex has to have supervised visits my parents let him see my son but kept him from me. Because this was so sudden I had no home so I really couldn’t fight to take him because now I was homeless. I cried everyday since. I have horrible nightmares. I still have no contact with him and when he does talk he says things about me that are untrue and I know my parents have influenced him to think bad of me. Was this legal? What can I do? It still consumes my life.

1 Lawyer Answer
T. Augustus Claus
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  • Las Vegas, NV
  • Licensed in Nevada

A: In Nevada, as in many states, parents cannot forcibly evict an adult child without proper notice. This is typically seen as a landlord-tenant relationship, even if no rent is paid. In relation to your son, if you have full sole custody, your parents generally don't have the right to withhold your child from you, especially against a court order. If your ex-husband's visits are court-ordered to be supervised, and your parents are allowing unsupervised visits, this could be in violation of the court order. Regardless of any agreements you may have had with your parents, court orders take precedence. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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