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Emily M. McFarling
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Emily McFarling’s Answers

142 total


  • Adoption after terminating her rights?

    If I want my wife to adopt my child, would I have to file a petition to terminate the mother's parental rights first and then file a petition for adoption, or should I file a petition that both asks to terminate parental rights and for adoption? T...

    Emily’s Answer

    If she will not agree to relinquish her rights, then it will have to be two separate cases.

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  • I have child support case in the state of Nevada. My child is in Iowa. Can I file for visitation?

    I have lived in Nevada for 5 yrs. I have a 7 yr old daughter who lives in Iowa. My child support case I in Nevada, can I file for visitation in Nevada though she lives in Iowa.

    Emily’s Answer

    I think you have asked this question multiple times. you MUST file anything custody or visitation related in Iowa.

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  • How do I get custody of my children from one state to another?

    My children are visiting their father in Iowa and I live in Nevada. He refused to let me bring my kids back with me to Reno, NV. My husband has been abusive to me on multiple occasions and has been abusive toward my two boys. Mentally and physical...

    Emily’s Answer

    You have not provided enough information for a proper jurisdictional analysis. You need to set up an appointment with a family law attorney.

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  • Can I hire a lawyer to attend with me mediation for child custody?

    Child custody for 1 year old.

    Emily’s Answer

    If it is a FMC court mediation, attorneys are not permitted.

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  • Regarding the legality of conduct by a person serving Divorce papers is it lawful for the person to have the wife to be made

    a party service to get husband to open the house door saying she needed to get in house she moved out of to get some items she had to have & I told her that no one else was getting in but her because she made 2 threats on my life previously.. Her...

    Emily’s Answer

    I usually advise people not to question the manner of service. If you know about it, acknowledge it and participate. Playing the "I was not properly served" game and ignoring the proceedings usually ends up creating additional work because you end up defaulted and now you have to have that set-aside-- all when you could have just Answered. It is only delaying the inevitable.

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  • Should a crying kicking screaming 2 1/2 y/o be forced to go on unsupervised visit with father if father is a stranger to child ?

    Father abandoned family 1 week after child brought home. Court ordered visitation 9/2015 . 1st mo 2 hr supervised visit 2X wk. 2nd mo unsupervised 1X week 8am to 6 pm. 3rd mo overnights Wed 8 am to Thur 8 pm. 4th mo overnights Tue 8 am to Thur 8 p...

    Emily’s Answer

    A child of that age takes their cues from their parent(s). If he is kicking and screaming it is likely because you are not encouraging the visit and making him feel comfortable. You need to follow the court's orders.

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  • Do I need a custody/visitation agreement in NV if we were never married?

    Father left the state 7 months ago and now expects special needs son to leave his home (Nevada) for visitation in Washington. If I do not comply he states he will not pay support. My child has a diagnosis of severe anxiety and the transition would...

    Emily’s Answer

    Based on what you have outlined, custody jurisdiction would be in NV and he would need to file a custody action in NV. He could ask for and at some point would likely get visitation in WA. But every case is different. His payment of child support is not contingent on visitation. You should open up a child support case with the DA.

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  • How do I find out if I'm still married? It's my first time going through this and don't know where to begin.

    We have been separated for 16 months and he lives in colorado and I reside in nevada

    Emily’s Answer

    Have you gotten divorced? If not, then you are still married.

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  • Do I have options to go back to court, If I'm concerned for my child?

    I lost my custody case for my child to relocate with me. I am a soldier in the army and had to move for military reasons, the judge saw it in the best interest of my child to remain in Las Vegas with his father. I do not agree with the judgement f...

    Emily’s Answer

    You always have the option to go back to court and child custody orders are always modifiable. What you do not have the option to do is keep relitigating the same issues until you get a different result. This means that unless something is different than the last time you were in court, you cannot "take another stab" at the same case. You should consult with an attorney and you probably should have been represented during the last proceeding.

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  • Can a private process server lie on their affidavit of attempted service?

    I told my spouse's attorney all of the details as to where I could accept service since I'm in an out of state divorce. He came back to me and said the biggest lie on earth-that the process server contacted me, we set up a time, and I was a no-sho...

    Emily’s Answer

    The most prudent thing to do is just accept service and get involved in the process.

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