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Emily M. McFarling
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Emily McFarling’s Answers

132 total


  • Can I take my daughter on vacation out of state on her dad's visitation time?

    I would like to take my daughter out of state but I do not get her on weekends, I am planning a family trip that will consist of being gone on a weekend. In mediation we have agreed that we are allowed to go on a vacation with a 30 day notice as w...

    Emily’s Answer

    Yes, that is exactly what that means. He can also do it to you too.

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  • Is cheating on your wife enough grounds to have the mother take custody of minor child? she has rights but no custody.

    my four year old child has expressed some very sexual noises while playing and said he learned it from his father and "misty" (who isn't his step mother) and we started to talk further and he stated his dad brings him there all the time and every ...

    Emily’s Answer

    I would not focus on "Cheating." Exposure to inappropriate behavior is an issue but not sure you have enough here.

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  • How can I file for divorce if my spouse disappeared on me???

    My husband and I split in 2013. He left me. He promised he would pay for our divorce but unfortunately he disappeared. Do I need him to file or am I stuck with this jerk??

    Emily’s Answer

    You do not need him to file You can file on your own and make a good faith effort to locate him for service. If you cannot locate him, you can ask the court for permission to serve by newspaper publication.

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  • If me and my sons father signed an agreement stating our child will live with him at a certain age ?

    And I told him I regret it and want to go to court for it will i have to follow this agreement ? Also may I add it was notarized I was at a weak mindset and he took advantage of it .

    Emily’s Answer

    1) it does not sound like this is a custody order; but 2) If he tries to enforce this agreement a Judge will likely consider the agreement but also consider the best interests of the child in deciding whether to enforce it. There is no 100% answer to your question.

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  • Service without registering the divorce complaint

    can anyone just prepare divorce documents and serve via courier without formally registering complaint in a court?

    Emily’s Answer

    A divorce complaint must be served with a summons to be official and start the clock on Answering. The summons is issued by the clerk. So, the Complaint must be filed to open the case and allow the clerk to issue the summons.

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  • What are the steps I need to take to get full custody of my child when the father lives out of state ?

    My daughter is almost 15 years old and has not seen her biological dad in almost 14 years. We live in Nevada and he possibly lives in Utah. We are trying to get her passport to go on a cruise for family vacation in 3 months

    Emily’s Answer

    You need to file a complaint for custody and try and serve him. Generally if you obtain sole legal custody you can obtain a passport without his signature. Otherwise a court order will also suffice.

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  • What does it mean when the Court says "The issue of attorney's fees shall be deferred"?

    During a status check, the Court set the Evidentiary Hearing of a child custody case and the minutes of the day include the line "The issue of attorney's fees shall be deferred". I never knew what it exactly meant.

    Emily’s Answer

    • Selected as best answer

    It means the court will rule on it at a later date. This often means never.

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  • Business documents in discovery to prove income for child custody & support

    What are the TYPICAL business documents provided to prove my own personal income after business expenses? I have bank statements, which shows the date, the dollar amount and the merchant name. Am I also supposed to gather up the hundreds of thousa...

    Emily’s Answer

    Tax returns, profit and loss statements etc. These are standard things for businesses and you will be expected to provide them in proceedings. Any legitimate business expense would already be documented for tax purposes.

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  • Proper way to serve complaint and motion

    I filed complaint and motion in Clark county Family court, because I am aware the other party has retained an attorney they advised I use Receipt of Service and deliver to attorney. I personally delivered to attorney's office received a signed 'Re...

    Emily’s Answer

    Technically it should be an Acceptance of Service/Waiver of Professional service but most attorneys would consider themselves served.

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  • Likelihood of filing for sole custody while still pregnant?

    I'm currently pregnant and the father and I are not together. I've attempted to talk to him either without response or very harsh blow-off. He's talking about moving to Oregon but claims he's still gonna fight for full custody. He won't talk to me...

    Emily’s Answer

    You cannot file a custody case before the baby is born.

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