My daughters mother keeps taking her out of state without notifying me, she posts on social media that she’s drinking and I’m worried about my child’s safety. They’re in an unfamiliar area and if she’s intoxicated I don’t want her to be driving my kid around drunk. I’m too far away to... Read more »
She can get in trouble for denying you your court-approved visitation and for endangering the children, if she drinks and drives with them. You need to go to family court - preferably with an attorney- and present that evidence to the court. They will modify the order as they see fit.
In any Family Law situation involving children, Nevada judges will always first and foremost look to what is in the best interest of the children. For this reason, it follows that endangerment of a child would most certainly be a compelling reason for a judge to grant a modification of an existing...Read more »
It has been my experience, prior to COVID, that it was really up to the individual judges if they allowed the witnesses all in the courtroom at the same time. most of the time I found that it was one witness in the courtroom at one time. Since COVID, most appearances are virtual and processes are...Read more »
My ex moved out of town 1 year ago and gave me full custody of our son. We agreed that there would be no child support at the time. I was laid off from my job in September so I filed a Motion to modify child support. The Judge said that it would be modified but we needed a parenting agreement... Read more »
1 year ago my ex moved out of town and gave me full custody of our son. She quit her job and refuses to look for workAt the time we agreed that nobody would pay child support but she would be responsible for 50% of clothes and school supplies. She has not followed that part of the Stipulation and... Read more »
In May my ex moved out of town and gave me primary physical custody. I filed the stipulation and order with the judge so that everything was on the record. The stipulation and order clearly states in the first line that this is a temporary agreement until she moves back to town or if she moves out... Read more »
If an existing child support order is in place, a modification is only warranted in the case of a 20% change in income. If not, any parent is entitled to motion for child support, however the amount is based on the custody arrangement in place. I would suggest you enlist the help of an experienced...Read more »
My daughter is receiving vision therapy. I recently lost my job and had to scramble to obtain a transfer to keep similar pay, but I had to move to Texas. I exhausted all my financial resources to move out her and remain gainfully employed. I told my ex that I wanted to wait on vision therapy for... Read more »
In difficult situations like this, my suggestion is to first always attempt to talk civilly with your ex and see if it’s possible to come to an agreement on how to handle the situation. In my opinion, this is always preferred and usually more beneficial to both parties than going to trial....Read more »
My child support modification was recently transferred to a new judge. I have represented myself up until this point but the judge just ruled against child support. Before this judge took over the previous judge had already said child support would be modified and I proved a change of... Read more »
If the judge is not involved in the daily case activities of the former firm, then this would likely not be a conflict of interest situation. The judge has a duty to be impartial and their former employment should not play a part in their ruling. However, if you feel uncomfortable, you may exercise...Read more »
On January 16 I brought to her attention that she was breaking the Stipulation and Order filed with the court. At this time she directed me to only contact her attorney which I did. I filed the motion to reconsider and a motion to show cause of contempt of court for many reasons. These documents... Read more »
In my experience, this extension is very commonly offered as a courtesy by either opposing attorneys or by the court. You do have the option to object, however, in my opinion it may not serve you well in the long run if you do return to court.
I have full custody of my son. My ex quit her job, moved out of town and refuses to look for work. I lost my job in September and filed a motion to modify. The judge said that she would have to pay child support but continued the hearing until a parenting agreement was done. My case was then... Read more »
I would suggest you enlist the assistance of an experienced Family Law attorney to review the judge’s ruling as to why Child Support was denied. Generally speaking, being unemployed does not disqualify a non-custodial parent from their child support obligations, but there may have been other...Read more »
I always advise my clients to adhere to the court order as closely as possible to avoid punishment due to court order violations. Additionally, I always encourage my clients to communicate openly with the other party and to discuss matters such as these amicably, before resorting to court...Read more »
Hello, my dad has withheld all food other than peanut butter and oatmeal for over 2 weeks now. He also previously took off the shower knobs and turned off the water. Today he came into my room while I was at work and took over $3,000 worth of my belongings. Is he allowed to do all of these things... Read more »
It would depend if the child is a minor, or if they are of legal age and therefore no longer the father’s responsibility, legally speaking. If the child is a minor, then the father is legally responsible for creating a safe environment for his children, this includes providing basic essentials...Read more »
He has been gone for 7 months without contact or providing support. I have them, want to keep them. But what route do I go in order to do so? Can I file for guardianship while they're in my home? Or do I need to call cps and have them go into the system first in order for it to be on Record... Read more »
You may petition the court for guardianship, however you will have the burden of proving that being the guardian for the children, over their biological father, is in the children’s best interest. In doing so, it would serve your case to include evidence of his abandonment.
The child is 7 years old. I am listed as the father on the birth certificate. We are divorced. During the divorce she was given full custody as the dna test came back, I was not the paternal father. She died out of the country and I am trying to get the child back to the U.S. The actual paternal... Read more »
If the mother had full custody of the child prior to her death, the child will likely be taken into state custody until arrangements have been made for a family member or guardian to care for the child. If not predetermined by the mother’s will, that process may include a hearing to determine...Read more »
If you have had a long standing visitation arrangement as well as a positive relationship with your grandchildren, and have evidence that it is in the child’s best interest that they remain in your care, then you may have a case to motion for joint custody. The right to child custody is only...Read more »
If my kid's father, myself and my two kids are staying in a hotel at a casino. If I went down to the casino and got arrested for drugs. Would they go up to our room and take our kids if the other parent had no involvement or knowledge that the other one was even using drugs?
Generally speaking, if one parent is arrested, then the other parent would generally take on temporary primary or sole custody until the other parent is released or a custody modification is issued. If both parents are arrested, the children will be taken into state custody until released to a...Read more »
my mother in a temporary custody battle made it very hard for me and my girlfriend to cooperate together and see our daughter together she complicated it should we present that in court when we're just trying to get our custody as good parents or would that make it more of a damage battle... Read more »
We have split weeks in which my daughter is with me and when she is with him but I do not approve Of her leaving the state without either one of us with her. Is there anything I can do to refrain her from going?
Unless this matter is specifically mentioned in your custody agreement, then generally speaking the grandparents do not need additional permissions to take the child out of state. If they are traveling within the father’s designated visitation, then they only need the child’s father’s...Read more »
Unfortunately, due to the COVID-19 pandemic, it’s been fairly common for hearings to be postponed – sometimes even more than once. When a judge rules to postpone a case, it can be due to matters outside the party’s control, as in the case with COVID, or based on the judge’s determination....Read more »
And no new custody order has been filed sense so as I understand those temporary custody orders have rained in effectSo now I have allowed the kids to go to visitation for part of the summer and I let them stay for an extended due to the Covid and now a lawsuit is being filed against me by child... Read more »
It is best to respond to the child support lawsuit with a request that child custody also be reevaluated. If child support is awarded, it will be based on how the child custody is arranged. Both the child custody and child support cases should be held in the state where the children have resided...Read more »
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