Q: denied court ordered contact with son Order made in Churchill, child lives with dad in Clark I am in Washoe What to do?

A: I'm sorry to hear about the challenging situation you’re facing with your son. Given the complexity of custody orders, particularly those involving multiple jurisdictions, it’s crucial to understand the legal remedies that may be available to you and why consulting an attorney is beneficial.

Steps to Consider:

Petition to Change Venue: Since you’re now residing in Washoe County, and your son is in Clark County, you may seek to transfer the case to a more neutral or accessible location. However, venue changes in custody cases are often challenging, as they depend on where the child resides and the court’s jurisdiction. To increase the likelihood of success, you’ll need to present a compelling reason for the change, such as lack of impartiality or convenience of the parties involved.

Modify the Custody Order: Given that your child lives with their father in Clark County, you may need to file a motion for modification in the court that issued the initial custody order (Churchill County). You’ll likely need to demonstrate a change in circumstances affecting the welfare of your child, which can justify revisiting the custody arrangement. An attorney could help you gather and present any relevant evidence to support your case.

Communicate Your Concerns: If you suspect judicial misconduct or a bias in the original decision, you might consider reaching out to a judicial oversight body, like the Nevada Commission on Judicial Discipline, to investigate your concerns. However, keep in mind that they may not be able to reverse the court’s decision; they are primarily responsible for judicial conduct issues.

Alternative Communication Methods: Regarding your inability to access Our Family Wizard, you can request the court to mandate continued access. Explain to the court that the father’s disconnection of the phone and restricted access are preventing contact and impacting your ability to fulfill court-ordered visitation.

Contacting Legal Aid and Pro Bono Services: Since finances are an issue, you may qualify for free or low-cost assistance. Organizations such as Nevada Legal Services or the Legal Aid Center of Southern Nevada offer resources to individuals facing custody challenges. Reaching out to these agencies may provide you with advice or limited-scope representation that could help you navigate the initial steps.

Importance of Consulting an Attorney:

An attorney experienced in family law can provide valuable insight and guidance, particularly when dealing with complex issues like alleged judicial bias, cross-county jurisdiction, and custody modification. Legal professionals can advocate on your behalf, increase the likelihood of obtaining relief, and may help identify legal strategies you haven’t considered.

Next Steps:

Contact local legal aid organizations in Nevada.

Gather documentation and any correspondence that may support your case.

File a request for fee waivers if financial limitations make filing fees prohibitive.

This is a sensitive situation, and the sooner you can consult with a professional, the better your chances may be to restore your relationship with your son.