It appears from your message that you have reason for concern regarding his visitations with the kids. I am not certain what type of visitation dad has but you might want to consider filing a motion for modification of custody yourself if you are planning on keeping the kids away from him. This... View 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... View 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... View More

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... View 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... View More

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.

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... View More

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.

As the biological mother she will have rights. the extent of those rights will depend on the facts of the case.

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.

if the legal name is hyphenated, the entire hyphenated name should be used as his last name.

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... View 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... View More

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... View More

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.

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.

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... View 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... View 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... View More

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.