Nevada family law,Can father keep kids from mother if no custody has been established? Is this legal?

Question

Mother of 2,I reside in ohio my kids in las vegas with my ex whom i never married. I decided to keep the kids toghther for finacial reasons until i was on my feet again to do custody. My son is not my exes he has legal guardianship,my daughter is ours. There has not been any custody as of yet. "We just agreed". It has changed,he controls everything and i have been to visit,he does not let our kids see their mother and i call all the time i barley get to talk to them just when the dad feels like it. My only fault here was being broke,not working as a house mom when being with him,trying to get out of a rut now. I have been told i need a lawyer in lasvegas,does anyone know how i find a lawyer that accepts payment plans? Or how i can find someone that practices nv law in ohio? Or is there anything i can do myself to save money?At this point it is hurting the kids and my ex thinks he is and will always be calling the shots. I did this only with good intentions in mind ,i thought he was too

Answer 1

As SOON as possible, you will need to contact a lawyer who does a lot of family law, and find out what your rights are. In theory, if he has no legal custody of either child, you should be able to get the law on your side and get them back in one fell swoop, at least temporarily. My position would be that he repeatedly refused to return them to you, which is effectively the case at this point. Since he has no custody currently, you may be able to take the kids back to Ohio, absent any court filings to the contrary.

If you do custody in Nevada, and especially if your kids are in school and have been in Nevada for some time, the court may decide that the kids will remain in Nevada permanently. This is because Nevada law provides that custody must be based on the best interests of the child. By statute, Nevada courts do not award custody to a parent simply because she is the mother or he is the father. Rather, there is a legal presumption that joint custody is in the best interest of the child.

Here is the link for the self-help forms that you should look over before talking to the lawyer:
http://www.co.clark.nv.us/district_court/self_help_center_custody_paternity.2htm.htm

Write a list of questions before you talk to anyone, so that you have them handy. Have the birth certificate info along with the dates you tried to visit/reclaim your children handy for the lawyer.

There is a good chance that you will have to move to Vegas, at least temporarily (if not permanently) if you are to regain custody of your kids.

I picked these four attorneys out of the LexisNexis Martindale-Hubbell directory based on their backgrounds, in my order of preference. I have not met these lawyers, but the first two certainly look like they could get the job done for you.

Allison L. Herr
725 South Eighth Street, Suite B
Las Vegas, Nevada 89101
Phone: [phone]
Fax: [phone]
Email: Allison L. Herr
http://www.herranditts.com/jsp2493495.jsp
http://www.herranditts.com

Patricia L. Vaccarino
6600 West Charleston, Suite 102
Las Vegas, Nevada 89146
Phone: [phone]
Fax: [phone]
http://www.lawyers.com/Nevada/Las-Vegas/Patricia-L.-Vaccarino-1066846-f.html
URL: http://www.vaccarinolaw.com

Rebecca A. Miller, Esq.
Schofield Miller Law Firm
528 S. Casino Center Blvd., 3rd Floor
Las Vegas, NV 89101
Office: 702-474-4444
Fax: [phone]
[e-mail]
http://www.nvbar.org/Sections/FamilyLaw/miller.htm

Law Offices of Brian J. Steinberg, Ltd.
2250 Rancho Drive, Suite 215
Las Vegas, Nevada 89102
Phone: [phone]
Fax: [phone]
http://www.lawyers.com/bsteinberg

or you could try the Lawyer Referral & Information Service of the State Bar of Nevada - You also may qualify for a reduced fee attorney... http://www.nvbar.org/lris/lris.htm

Best of luck. Remember, this is for the long haul, so it will require an investment of time and money.

Answer 2

In Texas as long as no Legal Sepration is filed - - - posession is 9 points of the law.. Sorry if its not the same in your state. Try your county attorney for legal ade.

Answer 3

the clark county district court has a self help center on their website. you can get all the forms and lots of info there.Remember when you go to court your going to have to pay child support