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Christopher D Carr

Christopher Carr’s Answers

21 total

  • How can i get my husband to adopt my daughter? If anything happens what will happen to my kids since they have different fathers

    i had my daughter at 18. my ex is now is jail. I got married and had another child. trying to do adoption for my first but I have no idea nor guarantee that my ex will sign the documents. What do I do and who can I talk to? If anything happen to ...

    Christopher’s Answer

    You first need to "terminate" the natural father's rights to have any right to the child terminated by the Court. It will be much easier if your ex will sign off. His obligation to pay child support would end as soon as his rights are terminated so it's a potentially-attractive offer for him. If he needs additional incentive, you could even offer to waive any arrears he might have. If he will NOT cooperate with the termination then it will have to go on trial before the Family Court for the Judge to decide whether or not to terminate his rights.

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  • If I motion the court for a Motion to Enforce Custody and Visitation can I ask for changes to be made to order as well?

    My order states and I quote "defendants visitation which center around the Plaintiff's work schedule as a firefighter". That's all is says, so my ex will keep my son from me when my ex takes a day off from work, when I would normally have him and ...

    Christopher’s Answer

    Then you need a "Motion for Clarification" to ask the judge to give you a minimum amount of visitation each week or to center it more around your work schedule than dads. Of course, a lot depends on the actual facts (which we have no information on) that the judge has to work with.

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  • Can my baby's father get custody of our daughter?

    I am from NM but moved to Las Vegas, Nevada 3 years ago. 1 1/2 years ago I got together with my baby's father and I got pregnant almost right away. We had really strong feelings for one another since the get go. We thought it was fast but ok. We m...

    Christopher’s Answer

    I just wanted to clarify one point raised by another attorney's answer. Unless you already have Court orders regarding custody, you did not need to have permission to go to New Mexico. You must ask permission of the other parent OR get a Court Order to leave the state of Nevada IF the matter is already in Court. The applicable statute is NRS 125C.200:

    NRS 125C.200: If custody has been established and the custodial parent intends to move his or her residence to a place outside of this State and to take the child with him or her, the custodial parent must, as soon as possible and before the planned move, attempt to obtain the written consent of the noncustodial parent to move the child from this State. If the noncustodial parent refuses to give that consent, the custodial parent shall, before leaving this State with the child, petition the court for permission to move the child. The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent.

    So if custody has NOT been established by the Court, then you do not need his permission to move out of state. You should, however, be aware that the state of Nevada does retain jurisdiction over the case for six months. What that means is that up to six months after you moved to New Mexico the father can still file his case in Nevada and you will have to resolve your custody issues here. That does not mean you have to move back to Nevada, it just means that the Nevada Court will be hearing that case, rather than the New Mexico Court. You wouldn't even need to be back for most of the Court hearings (except the final trial) if you have an attorney or if you file the necessary "notice of telephonic appearance."

    But just because Nevada has jurisdiction doesn't mean that the father will necessarily be given full custody. The Judge's here regularly hear issues like this and regularly award out-of-state parents (such as yourself) primary physical custody. Given the domestic violence issues, you have a strong case to be awarded Primary Custody. But, again, that final decision on custody is one that will probably end up being made by a Clark County judge.

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  • My ex husband took physical custody of our 2 children that remained living with me so he could avoid paying mo. child support.

    I have this documented including the fact the children were in my physical custody when they were removed from my care. There are claims made I kept the kids from him when I had to take the children out of town on vacation to spend time with them ...

    Christopher’s Answer

    Yes, unfortunately, child support is a major motivation behind many parents' positions on custody. It appears that your ex-husband alleged that you withheld the children during what should have been his custodial time. The judges are serious about each parent complying with the Court orders, especially with respect to visitation. You can also take them out of town on vacation, but you need to provide the amount of notice set forth in the Orders (usually anywhere from a week to 30 days). Again, if you don't the Judge will probably not react well. What to do next depends on where you are at in the process. Is this a temporary change, pending trial? Have you already gone to trial and the judge ruled in your ex's favor? If it's a temporary change, then it could revert back to what it was after the trial. If you have already been to trial and the Judge ruled to take away your time, then you could consider filing a "Motion to Reconsider" asking the Judge to reconsider his or her decision; or perhaps filing a Nevada Supreme Court appeal.

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  • How do I go about obtaining my divorce settlement

    My divorce has been final since 2009 and the settlement should've been paid within 2008-2009 I lost a home over this

    Christopher’s Answer

    You will need to file a Motion to Enforce the Orders/Decree. That will trigger a Court date and the judge will order your ex to abide by the terms of the Order or face being held in contempt of Court (which could include jail, fines and/or your attorneys fees).

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  • My ex leaves the house when I'm to pick up my son on my day to visit! what can I do.

    The custody/visitation order is so vague, it reads my visitation to revolve around my ex work schedule. But when my ex takes a day off he keeps my son. Help!

    Christopher’s Answer

    It's hard to say without knowing what the specific orders are. If there is a set schedule then it should be followed regardless. If is says your ex gets her days off then she would get days which she takes off. But if this gets excessive then you may want to file a Motion to have the judge "clarify" the situation.

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  • In the state of Nevada, at what age can a child decide where to live?

    I have heard at the age of 12, if the parents are divorced when can he chose which house he would like to stay at permanently? He keeps telling me that he wants to stay at my house, and his sister wants to keep the week on and week on visitation. ...

    Christopher’s Answer

    That's a very common misconception in Nevada's custody laws. When the child is "of suitable age and discretion" it becomes one of the roughly 12 factors that the judge considers. Before reaching that age, it simply is not considered. "Suitable age" is generally around 12-14. But if the child is not exhibiting suitable discretion, the judge may never consider it. Suitable discretion basically boils down to the child's grades. To some extent, whether the child is working and what types of extra-curricular activities the child is doing are also a factor. I have seen judges completely ignore a 16 year old's wishes when it appears that child was already making bad choices and it appeared the child simply wanted to go live with the more lenient parent that would allow the child to do whatever the she chose.

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  • Divorce not final yet.

    On Wednesday my x husband and I went to court for our divorce. Before going in front of the judge we negotiated. and finally after two hours we came to an agreement. The judge said you are divorced but it is not finale until you receive the divor...

    Christopher’s Answer

    It seems that it was clear to the Judge (and therefore your husband), that you were expecting to have access to the home for "a week or two." Your marital status would have nothing to do with that. Plus, any property in the home that is your under the terms of the Decree would be yours and he should not be withholding that from you. My advice would be to call 3-1-1 and ask for an officer to respond for a "civil standby" or "keep the peace." I would suggest that anytime you need to go over there since you indicate that there is a history of abuse. If you are not able to get everything out in the time the officer can stay with you then you may have to return to Court to get specific Court orders about your access and an "admonishment" from the judge that you are to have access.

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  • I finally found my son after 10 years, some other guy has been taking care of him, can I get him back with a perternaty test,

    Me and the real mother want to get back together, but he is in the way, he has brainwashed my son and lied to him and said that he is the father, but I am the paternal father, how can I get my son back the fastest and cheapest way

    Christopher’s Answer

    It certainly won't be fast and probably not cheap either. As Ms. Whitbeck indicated, there is some additional information that would be required in order to provide you with the best answer. For example, how involved is the other father? Is he on the birth certificate, is he living with the child (or has he in the past)? If you are the real father I think the judge will probably want to move toward you having a relationship with the child--especially if you have the support of the mother--but the judge will want to do so cautiously. Even without the unusual issues that your case appears to present, if you were the natural, undisputed father but had been out of the child's life for a year or more, the judge would want you to be phased back in to the child's life through a "reunification." That basically means having a few very brief visits (maybe an hour) and, depending on how things go, working up from there. But if mom is in full support and she wants to get back together with you, why aren't you seeing the child at least when the child is with the mother? Dad can't stop her from allowing contact between the child and another person unless the other father has legitimate concerns about you being present with the child (such as a drug, alcohol or criminal background). But assuming you have no such issues there would be nothing to stop mom from giving you time with the child during any time that she is legitimately entitled to have the child with her.

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  • Can i get a divorce in Nevada without a some one signing the "affidavit of residency" ?

    My wife and i want to do a uncontested divorce. we don't share anything. I want to do a self-divorce and have done all the papers and we notarized them, but we can't get anyone to sign the "affidavit of residency". my wife an d i have lived here ...

    Christopher’s Answer

    The other answers are basically correct. You cannot divorce without the "Affidavit of Resident Witness." A FEW Judges, but by no means all (or even most) will allow you to provide other proof of residence, such as a drivers license or utility bills. I previously had one judge allow the Defendant to be the "resident witness" for the Plaintiff, but that would probably be an extreme exception. If you absolutely cannot (or do not want to) find a resident witness, I'd suggest calling your Judge's "law clerk" and asking how the judge might handle that situation. Not sure where the general public can access the Court staff's phone numbers, but you can always go to the 3rd floor of the Family Courthouse and they have phones and list of the necessary numbers there).

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