Once an initial custody determination has been made, circumstances often arise that make it necessary to change the ordered custody arrangement. When this happens, it is important to understand what you have to prove in order for the Court to modify its custody order.
While the Court maintains its ability to modify its order throughout the minority of the child, the Court will not reconsider the same facts upon which it has already based its ruling. Therefore, you must be able to show some change in circumstance before the Court will consider modifying the existing order. If you believe that a change in your current custody order is necessary for your child’s best interests, please schedule a consultation1 to speak with one of our experienced attorneys.
One common circumstance that arises is the relocation of a joint or primary custodian due to work or other necessities. When this happens, it is often impossible to adhere to a custody order that was developed with both parents living in the same city. Because of this fact, Nevada law requires that you have the consent of the non-custodial parent or the Court’s permission before relocating outside the state. We have successfully handled many relocation cases both for the relocating and non-relocating parties. Please schedule a consultation with one of our experienced attorneys if you would like to discuss the possibility of relocation in your case. Check our FAQs and Resources pages for useful information on this subject.
The adoption of a child is usually one of the most satisfying events in a parent or child’s life. However, it can be very frustrating if not done properly. The attorneys at Mills & Mills have years of experience in handling all types of adoptions and can advise you specifically depending on the facts of your case. Below is some basic information to consider prior to your consultation.
There is specific law dealing with the process of adoption that can be broken down into three separate categories: step-parent adoption, relative adoption, or adoption involving neither a step-parent nor relative. If you are a parent and wish to have your child’s step-parent adopt your son or daughter, this can be done with or without the consent of the biological parent. The process is relatively quick if both biological parents consent. However, if the biological parent objects, his or her rights must be terminated prior to adoption. This necessity will extend the process by a minimum of two months.
The process of relative adoption can also be or quick or lengthy process, depending upon the circumstances. To be considered a relative, and therefore have much of the process waived, the Court requires the adopting parties to be related within a certain number of degrees of consanguinity or relationship. Both biological parents will need to consent or their parental rights will need to be terminated, again increasing the length of the process from start to finish.
An adoption of a child by two parents with no relation is often a lengthy and expensive process. However, the greatest expense is not the attorney. Prospective parents often need the services of an adoption agency to complete the statutory requirements that ensure that the home and parents are adequate and safe. Once that process is complete, the attorney takes over and completes the adoption.
Although not common, It is legally possible to adopt and adult as well. In order to do this, both the adoptive parent and adoptee adult must expressly consent to the adoption. Additionally, the consent of the spouse of an adoptive parent and/or adoptee adult is required if either or both are married.
We have completed many adoptions and consider them the highlight of our job. If you are interested in adopting a child or adult, contact us to make an appointment for a consultation.1.
A guardianship is a tool to give legal rights and responsibilities to a custodian or caregiver of a child or adult. A guardianship can be obtained over a person and/or an estate. A legal guardianship will allow a guardian to make life decisions on behalf of an individual, including determinations as to medical treatment, living accommodations, education, and other life choices. A guardianship can also give the guardian the ability to manage a person’s estate. A guardianship is overseen by a Court and annual reports and court appearances are usually required.
If a child is going to be in the custody or care of a person who is not the child’s parent, a guardianship should seriously be considered. A legal guardianship must be in writing and, if the guardianship is to last more than six months, it must be ordered by a Court. Legal guardianship is needed for a non-parent to deal with issues related to the medical care and education of a child. It is also necessary if a non-parent needs to manage estate or monetary issues of a child. A guardianship can be obtained with or without the parents’ consent.
If an adult is in need of assistance with life decisions or management of an estate or money, a legal guardianship is needed. Once a handicapped child turns eighteen, a guardianship is required, even for the parents, to continue to make decisions for their child. If an adult is not capable of caring for his/herself, for whatever reason, then a guardian should be appointed to assist the person and manage the estate. A guardian is not required to be a relative, however; a relative is preferred. If you have any questions about whether or not a guardianship is needed for a child, relative or friend, contact us to schedule an appointment for a consultation
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Mills & Mills has handled hundreds of Termination of Parental Rights cases in the state of Nevada. There are a number of reasons why parental rights may be terminated, including abandonment, unfitness, or failure to provide physical and emotional support for a child. An order terminating parental rights is irrevocable and extinguishes forever the legal relationship between parent and child. For this reason, the Nevada Supreme Court has described a termination as the “civil death penalty.”
Our attorneys have prosecuted termination cases against unfit parents as well as defended parents fighting to preserve their parental rights. If you are involved in a termination of parental rights case, competent legal counsel is essential. Failure to understand your rights and options in such a case can have devastating consequences. Please contact us immediately to schedule a consultation1 so you can fully understand the implications of your case on your family.
Thousands of families are affected each year by involvement in the foster care/child protection system. On many occasions, parents are falsely implicated for abuse or neglect of their children and need an experienced attorney to protect their family. Mills & Mills has successfully defended many parents that were wrongly accused of such misconduct, allowing them to reunite with their children and get the Department of Family Services out of their lives.
Often times, however, the Department’s intervention into a family is unavoidable and necessary to protect a child’s safety. For example, a parent’s drug use, violent behavior, improper discipline, or failure to provide for a child’s basic needs may require the Department to remove a child from his or her home for an indefinite period of time.
When this occurs, parents need professional legal counsel to help them modify their behaviors and navigate through the process of reunification. Mills & Mills has assisted hundreds of parents overcome their barriers to reunification and successfully reunite with their children. If you have been accused of abuse or neglect of one of your children, it is imperative that you consult with an experienced abuse and neglect attorney. Please contact us immediately for a consultation1 so we can discuss how to best help you and your family.