Get free answers to your Child Custody legal questions from lawyers in your area.
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 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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.
Paperwork is not stamped as if they aren’t submitted to the court. Usually they stamp Rec’d and Filed. I don’t know if this is legal or proper.
answered on Jan 22, 2024
Initial documents such as a Complaint must be filed before being served on the opposing party.
When I divorced my husband my parents made me and my son move to Las Vegas. They said we could live with them rent free until he turned 18. The judge ordered my husband to give back my car but my mother said I could have hers because she didn’t want to take me to pick up mine. The night before... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 5, 2023
In Nevada, as in many states, parents cannot forcibly evict an adult child without proper notice. This is typically seen as a landlord-tenant relationship, even if no rent is paid. In relation to your son, if you have full sole custody, your parents generally don't have the right to withhold... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 4, 2023
In Nevada, if you discover court documents in your case file that don't pertain to you, you should take immediate action. First, ensure you've accurately identified the documents and their irrelevance. Next, contact the court clerk's office to bring the error to their attention. If... View More
My ex and I divorced in Nevada, there was an option to not have income withholding which we elected. He's now claiming I owe 4 years of child support becuase I asked for a modification of custody as a way to finically penalized me. I have no real proof I paid it. I receive large cash tips in... View More
answered on Sep 15, 2023
Child support in Nevada is collected and disbursed through the Child Support Enforcement Office that keeps records of all amounts received from the Payor or the Payor's employer(s) and disbursed as child support. Any direct payments from the Payor to the recipient are memorialized by an... View More
My 16yr old doesn’t want to return to my home right now because she doesn’t like the rules or “treatment” (getting phone taken for failing grades and bullying) her father encouraged her to stay with only him as he’s tried 3x for full custody, never won. She is not monitored or corrected... View More
answered on Aug 4, 2023
It is true that due to her age she might be granted teen-age discretion. However, if you are able to prove that in spite of her age, being with her father full time is not in her best interest due to lack of supervision, rules, proper discipline and/or guidance, the judge might not award teen-age... View More
Joint Custody. 15yo child left other parents house 6 mo ago. Has no desire to return.
answered on Jun 28, 2023
the court may listen to the child's wishes and take into consideration the maturity of the child and the child's best interest in making the decision, but the child does not get to make this decision without the court approval.
Currently there is 50/50 custody with neither party paying support.
6 months ago child left mothers house. He has no desire to return. Mother called cops on child but they dont have authority to force child to return. Does father have grounds to adjust physical custody to primary and gain... View More
answered on Jun 26, 2023
The current Court Order will stand UNTIL one of the parties files for a modification of the order and the Court Grants it.
If I were to modify my sons visitation to 50/50 with his dad, and stop future child support payments, would i still be entitled to the arrears that was owed? Or would the arrears be waive because of the modification?
answered on Apr 11, 2023
The arrears are not automatically waived. Just be careful what you sign as they can include a provision to waive them, end all child support obligations, or include some other language that may be interpreted as waiving arrears.
So My ex husband has a long history of filing ficticious documents with the washoe county court system and they eat it up every time. My signature was recently forged on a stipulation submitted by him and it was granted by our judge
answered on Apr 11, 2023
You would have to file a Motion to Set Aside the Stipulation and Order with the court stating the same.
You will both have your opportunity to argue your side. If neither of neither of you have proof, him that you signed, and you that you did not, then the judge will may have hard time... View More
answered on Apr 11, 2023
When dealing with protective services is it best to follow their rules.
If you are person who is not allowed contact, you should discuss your case with a lawyer as you may need to file in court to have contact restored and to protect your rights.
Legal Aid of Southern Nevada has... View More
He is abusive and won't let me see my children but I provide everything and he doesn't buy them anything because I have already provided it. So why do I still have to pay child support
answered on Mar 20, 2023
Parent's have a responsibility to take care of their children's basic needs, such as housing, food, clothing, entertainment, transportation, etc Child support payments are ordered from the court as a way for parent's to meet the child's basic needs. The receiving parent does... View More
I am mom and kids got covid exposure from step dad. kids are negative covid with heavy symptoms, and taking medicine.
answered on Feb 7, 2023
Your should discuss the information with dad and see if you can reach an agreement and give him the information on the children's health. As long as the travel time or being with dad does not harm the children, Dad can decide if he should to have his visitation time when the children are ill.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
