Get free answers to your Child Custody legal questions from lawyers in your area.
I am going through a divorce custody trial scheduled for May 23. I have three sons aged 18, 16, and 12. My ex recently failed a drug test for controlled substances and has been withholding the children and allegedly allowing them to participate in substance use. I tested positive only for THC on... View More 
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answered on Apr 13, 2025
Yes, you should consider filing an emergency motion for a change of custody, especially if you have evidence that your ex failed a drug test and is allowing the children to be exposed to substance use. Courts take the safety and well-being of children very seriously, and exposure to drug... View More
I am 17 and live in Las Vegas, Nevada. For the past year, my mother has not provided me with proper homeschooling, social interaction, help with life skills, or guidance in obtaining a job or state ID. Despite reporting this to CPS and the police, they sent me back to live with her as she has full... View More
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answered on Apr 13, 2025
You’re in a tough position, and it’s clear you’re trying to advocate for yourself—which takes real strength. Your father can file a motion in family court to modify the current custody order, asking for primary or full custody based on a significant change in circumstances. He should... View More
I have a friend who wants to divorce her husband of 12 years due to ongoing mental and emotional difficulties. In 2020, after an incident during a postpartum period, he called the police on her due to an accidental scratch, but the case was dismissed. She is wondering if she can pursue a divorce... View More
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answered on Mar 31, 2025
No-Fault Divorce in Nevada:
Nevada is a no-fault divorce state, which means that a party doesn’t need to prove wrongdoing to obtain a divorce. Ongoing mental or emotional difficulties or an isolated police incident (especially one that was dismissed) typically aren’t barriers to filing... View More
I am the father of a 5-year-old daughter involved in an ongoing custody case. We currently have a 50/50 custody schedule based on a verbal agreement. Our first court hearing is scheduled for 3/25/25. My daughter's mother is married to a convicted felon with charges related to cocaine... View More
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answered on Apr 13, 2025
Yes, you can file for emergency custody if you believe your daughter’s safety is at risk. Given the serious nature of the criminal activities involving your daughter’s mother's spouse, you can present your evidence to the court, including photos, videos, and any other documentation you... View More
Does he still have to sign over his rights if he’s not on the birth certificate? The baby will be born in Las Vegas,Nevada
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answered on Feb 24, 2025
In Nevada, if the biological father is not listed on the birth certificate, he is not automatically recognized as the legal father. However, if he wants to formally relinquish his parental rights, he may still need to go through legal proceedings, especially if you or someone else (such as an... View More
The parents were awarded visitation during the guardianship hearing. The guardians were told they can't ignore phone calls.
Parents were not informed their child was in Intensive Care, only discovered this information via accidental phone call from the hospital's cafeteria,... View More
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answered on Jan 7, 2025
1. Guardianship Rights and Responsibilities:
Guardians typically have the legal right to make decisions about the child's medical care and access to information while the child is under their guardianship.
However, if the court has awarded visitation or communication rights to... View More
I, took it upon myself to take legal information, and concerns they had about their case possibly having constitutional violations concerns. That the defendants lawyer never answered about, and went from a being forced to take the DAs plea deal as long as the defendant pleas guilty to the... View More
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answered on Jan 7, 2025
1. Forced Plea Without Consent
A plea must be:
Voluntary: The defendant must enter the plea without coercion or undue pressure.
Knowing and Intelligent: The defendant must fully understand the consequences of the plea, including waiving constitutional rights (e.g., the right... View More
In my current and open Family CPS Case, after my son was born and we both tested negative for any influence of drugs in our system, due to the fact he was born 1month early. Social Service became involved and so did something called Nea or Neo from CPS DFS. The hospital said he was showing signs of... View More
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answered on Dec 21, 2024
I'm sorry you're going through this difficult situation. Your constitutional rights under the 4th and 14th Amendments protect you from unreasonable searches and ensure due process. If you believe these rights have been violated, it's important to document all interactions with CPS... View More
Meaning since the initial preliminary hearing petitions, depositions, and legally submitted documents that the court clerk allowed. Had the plaintiffs name incorrectly spelled for more then for almost 2 years. Also, the children in question that were twins, there birthdays were constantly... View More
answered on Dec 19, 2024
In theory, yes, you can file a motion to dismiss, perhaps for failure to state a claim or lack of jurisdiction over the parties due to errors in their names. You could also try a motion for summary judgment, showing that the pleadings are factually wrong.
But faced with the sort of... View More
How can I challenge the legality of the adoption of my son?
Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?
How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More
answered on Dec 8, 2024
Before an adoption there is usually a Termination of Parental Rights (TPR) of the existing parent(s). Very likely what you are seeking to do is reverse the TPR order. How you would do this depends on the circumstances. If you were unaware of the hearing and did not attend, or there was a reason... View More
Other party has requested attorney fees to be awarded, and we are not even to trial yet. I have offered multiple times to mediate. They want me to pay for both this case and a different case for mother and father. (Mine is 3rd party.) I do not have income, as I have just been released from workers... View More
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answered on Nov 20, 2024
Parties commonly seek attorney fees and costs; this does NOT however guarantee the award. The judges have discretion to award or deny said requests and unless you act in "bad faith," or you earn much more than your spouse, most judges defer the request until trial. At trial, the judge... View More
I believe there has been abuse of judicial discretion in Churchill County order awarding father sole custody and moving my son to Las Vegas. time for appeal long gone,I have lost all contact with my son the phone was disconnected and i cannot sign into Our Family Wizard. I now live in Washoe... View More
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answered on Nov 14, 2024
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... View More
Or is it ok to go during my custody time? Other parent refuse to communicate respectfully. We both have joint legal and physical custody. No other items or notes mentioned in the order except the following notice.
“PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION,
CONCEALMENT OR... View More
answered on Oct 16, 2024
Parents seeking to maintain control over the other parent often proclaim rules like 'no travel outside the state' and try to use this sections to support their claim.
This section does not prohibit you from travelling out of state during your custody time, as long as you do not... View More
I only recently found that I had issues. I never even noticed that the order didn't list their names until this last year when I needed to renew my children's passports. The order was from 2012 and I had renewed before with no issues using the same Custody Order from the court. I had... View More
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answered on Oct 8, 2024
In your case, since the original custody order from 2012 refers to "the children" without listing their names, and this is causing issues with renewing passports and obtaining a psych evaluation for your daughter, you may need to have the custody order modified to explicitly list the... View More
My friend is a us citizen along with her 2 kids who are also citizens. Her ex husband from Mexico got a visa and is coming next week threatening to take her kids and take them back to Mexico without her consent. Can this be avoided?
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answered on Aug 26, 2024
If your friend’s ex-husband is threatening to take the kids back to Mexico without her consent, it’s crucial to take immediate action. Since the children are U.S. citizens, she has legal rights and protections under U.S. law. She should contact local authorities or law enforcement to inform... View More
He was breadwinner since I quit working after our daughter was diagnosed with type 1 diabetes I'm her primary care giver the whole time
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answered on Aug 20, 2024
It's important to remember that every case is unique, and the outcome of any custody or support matter depends on various factors specific to your situation. While general principles can guide decisions, the specifics of your case, such as past behavior, the care you provide, and your... View More
By punished I mean having their child placed in foster care? My boss is having me research this topic but I am stumped. She said it has been seen in Ohio and Colorado family law.
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answered on Aug 12, 2024
In Nevada, parents should not be punished for seeking mental health support for their children. In fact, addressing a child's mental health needs is often viewed positively, as it demonstrates a commitment to the child's well-being. However, each case is unique, and how mental health... View More
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answered on Mar 25, 2024
If someone else signed a divorce petition in your name, this is a serious matter that needs immediate attention. You should gather any evidence that proves you were not present or did not consent to the signing. This could include travel records, receipts, or witness statements.
Next,... View More
I was the victim of a violent crime that almost took my life resulting in very sever injuries, surgery, an extended hospital stay & months of rehab. I also had to move to another county during the investigation for my safety. I was unable to submit a reply or exhibits to a motion to change... View More
answered on Mar 24, 2024
In Nevada, If the attorney no longer represents you and your bill is paid, you can request your entire file.
My daughter is 6 her father hasn't seen her in a yr and half. The judge just told him on feb 27th that he needs to come out to las vegas to build back a bond before summer. He isn't coming out here so I don't feel comfortable sending my daughter for half of summer to spend it with... View More
answered on Mar 12, 2024
Although I understand your concerns, it is important to follow the Court Order as it pertains to the visitations. If he is in violation of the Court Order and not attempting to build the parent/child bond by coming out to Vegas, then it would be up to you to file a motion with the court advising... View More
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