Get free answers to your Child Custody legal questions from lawyers in your area.
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 
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
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answered on Dec 9, 2024
Legal issues surround challenging the legitimacy of your son's adoption particularly in light of allegations of fraud, deception, lack of appropriate notice, and violations of due process rights. To properly negotiate this process, one need speak with a Nevada family law attorney versed in... 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
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
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
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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
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
Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?
answered on Feb 12, 2024
You need to reside in your current state for a total of 6 months prior to the court there having jurisdiction for your child. You need to be in your county for a minimum of 90 days. SInce you are not married to the Father, in the absence of any other order, it is likely you are the sole custodian... View More
Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?
answered on Feb 14, 2024
If Georgia has jurisdiction of the child, and you have a previous custody decree, leaving the state without either the parent's consent or a court order giving you permission to relocate is not a good idea and can possibly have negative repercussion for you . It is best to file a motion with... View More
My daughter primary lives with me and spends the night at her dads house once or twice a week if he is in town( He's a Flight attendant).
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answered on Feb 22, 2024
In the United States, the parent who has primary physical custody of the child for the majority of the year typically has the right to claim the child as a dependent for tax purposes. Since your daughter primarily lives with you and spends only one or two nights a week with her father, it's... View More
My daughter primary lives with me and spends the night at her dads house once or twice a week if he is in town( He's a Flight attendant).
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answered on Jan 24, 2024
In Nevada, the determination of who gets to claim a child on taxes can be influenced by legal agreements, court orders, and IRS rules. If there is a court order or legal agreement specifying the terms for claiming the child as a dependent, those terms should be followed. According to IRS rules, the... View More
I moved a year ago to live with my nana and ran away from my dad but now I see where he was abusive from and now I want to get away from my grandmother and move in with a family member (my sibling) who is 22. I can show I am responsible, I have a job and can pay rent and I have been for a year now.... View More
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answered on Jan 16, 2024
Based on Nevada law, a 17-year-old minor likely requires parental consent to move out and live with an adult sibling. Some key details:
• In Nevada, the age of majority is 18 years old. So right now at 17, you would still be considered a minor.
• Minors generally need consent of... View More
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 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
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, 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
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
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