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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
We need to learn more…about what happened, and what your Ex is charged with. These “dv” charges may be dismissed, or he may have a valid defense. If you are eligible for low cost legal services, they can help you find out. http://www.lacsn.org/.To move most quickly and wisely, you can also work to provide answers to the following questions:
Do You Have Full Legal Custody Already?
Although you strongly suggest there’s already a court ordered custody arrangement, I’m not going to just assume that (at first). For all I know right now, you two could have a “loose” agreement about where your child stays, and most of the time that’s with you. If you are sharing this kind of informal custody arrangement, then you face some problems with any changes you may try to make. On the other hand, and if you do have a court Order, the custody order may already strongly suggest that the father has severely restricted visitation rights. At any rate, it seems as though you are interested in expanding what seems to be your legal and physical custody, by reducing your Ex’s visitation rights. Here are the forms you’ll need to file, no matter how you want to change custody: http://www.clarkcountycourts.us/shc/Custody/self_help_custody.htm.
Find Out What You Can About The Assault
By this time, there’s a very good chance your Ex is already out (if he ever was taken into custody). I do caution people not to act so aggressively that they make a bad situation worse. Avoid, for example, having an argument with your Ex, or making threats you can’t immediately back up.
Is There A History Of Abuse By The Ex?
If, as I bet is the case, you have already been awarded both legal and primary physical custody...then you already have a certain amount of proof to support a custody judgment. You may already have alleged a possibility of abuse or violence with your Ex. The accepted truth of any such charges would be reflected in the Custody order. The reason I’m emphasizing this is because a Judge will have two immediate interests: (1) the Safety and welfare of the child and at a distant (2) that you not interfere unfairly with the other parent’s rights under that Order.
Getting A Restraining Order
The advantage to asking for a restraining order is its relative speed. Another advantage is that you probably won’t have the same judge who decided custody as the magistrate who would issue a TRO. The down side may be that there’s really no risk to your child from the father based on this incident: if that comes out very clearly, then you will lose quite a bit in credibility. If you cannot get a lawyer right away, and you strongly feel a TRO is needed, there are groups that will help you prepare a case for a restraining order… http://www.aardvarc.org/dv/states/nvdv.shtml. But there may be a better way than a TRO to accomplish what you need for the child’s safety, such as a permanent change to the Order.
Changing The Visitation Order
There are even custody classes you can look at on line in Nevada to help answer questions about changing the order in the long term: http://www.lacsn.org/images/stories/Custody-LACSN-Manual.pdf. This is important because even if you do not get a TRO, you may have reason to plan on changing your Ex’s visitation, based on the drastic change in his living conditions, and (only) possibly also the dv charge.
We need to learn more…about what happened, and what your Ex is charged with. These “dv” charges may be dismissed, or he may have a valid defense. If you are eligible for low cost legal services, they can help you find out. http://www.lacsn.org/.To move most quickly and wisely, you can also work to provide answers to the following questions:
Do You Have Full Legal Custody Already?
Although you strongly suggest there’s already a court ordered custody arrangement, I’m not going to just assume that (at first). For all I know right now, you two could have a “loose” agreement about where your child stays, and most of the time that’s with you. If you are sharing this kind of informal custody arrangement, then you face some problems with any changes you may try to make. On the other hand, and if you do have a court Order, the custody order may already strongly suggest that the father has severely restricted visitation rights. At any rate, it seems as though you are interested in expanding what seems to be your legal and physical custody, by reducing your Ex’s visitation rights. Here are the forms you’ll need to file, no matter how you want to change custody: http://www.clarkcountycourts.us/shc/Custody/self_help_custody.htm.
Find Out What You Can About The Assault
By this time, there’s a very good chance your Ex is already out (if he ever was taken into custody). I do caution people not to act so aggressively that they make a bad situation worse. Avoid, for example, having an argument with your Ex, or making threats you can’t immediately back up.
Is There A History Of Abuse By The Ex?
If, as I bet is the case, you have already been awarded both legal and primary physical custody...then you already have a certain amount of proof to support a custody judgment. You may already have alleged a possibility of abuse or violence with your Ex. The accepted truth of any such charges would be reflected in the Custody order. The reason I’m emphasizing this is because a Judge will have two immediate interests: (1) the Safety and welfare of the child and at a distant (2) that you not interfere unfairly with the other parent’s rights under that Order.
Getting A Restraining Order
The advantage to asking for a restraining order is its relative speed. Another advantage is that you probably won’t have the same judge who decided custody as the magistrate who would issue a TRO. The down side may be that there’s really no risk to your child from the father based on this incident: if that comes out very clearly, then you will lose quite a bit in credibility. If you cannot get a lawyer right away, and you strongly feel a TRO is needed, there are groups that will help you prepare a case for a restraining order… http://www.aardvarc.org/dv/states/nvdv.shtml. But there may be a better way than a TRO to accomplish what you need for the child’s safety, such as a permanent change to the Order.
Changing The Visitation Order
There are even custody classes you can look at on line in Nevada to help answer questions about changing the order in the long term: http://www.lacsn.org/images/stories/Custody-LACSN-Manual.pdf. This is important because even if you do not get a TRO, you may have reason to plan on changing your Ex’s visitation, based on the drastic change in his living conditions, and (only) possibly also the dv charge.