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Emily M. McFarling
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Emily McFarling’s Answers

123 total


  • 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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  • What does it mean when the Court says "It is further ordered that there shall be no right of first refusal in this matter"?

    This is part of the Court Order in a child custody case that also include custody, financial and parenting arrangements among other things.

    Emily’s Answer

    This means that neither parent is required to notify the other parent if they use third party caregivers to give that parent the opportunity to take that time. There is no right of first refusal by law but your Judge must have felt a reason to specifically spell this out.

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  • How do I deal with my ex wife and child custody?

    A TPO was granted against my ex wife's husband for abusing our children. He can't be around the kids unless another adult is present. Problem 1) He's being supervised by the same adults that let him abuse the kids in the 1st place, and 2) my ex wo...

    Emily’s Answer

    You can file a motion to modify custody and request a change in the custody order and ask for other protections from the family court. TPO court has limited remedies in custody matters.

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  • How do I get a divorce case unsealed? My case was sealed at the oral request of the opposing attorney. My motions were not heard

    I have a 5 year old divorce/custody case. I have had primary physical custody since our divorce and my ex has not lived in this state since then but has a local attorney and he calls in. This last October his attorney stood up and asked to have th...

    Emily’s Answer

    Divorce cases are to be sealed upon the request of either party. Therefore you cannot unseal it as long as he wants it sealed.

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  • Is my husband be able to adopt my daughter if I have sole legal custody and primary physical custody of her ?

    I got divorce with my ex on begging of 2014 and I have sole legal and primary physical custody of my daughter. I got married few month ago and she really enjoy to spend time with her step father. My ex doesn't seems like have a stable residence or...

    Emily’s Answer

    No, he would either have to have his parental rights terminated, which is an extremely high burden; or agree to relinquish his parental rights in favor of a step-parent adoption. If the step-father were consulting with me I would tell him to be very cautious about agreeing to adopt after only a few months of marriage. Once an adoption occurs, he becomes the child's father forever and will be held to the same responsibilities as a biological father. This is not to be entered into lightly.

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  • Is there abeyance in child support?

    How or is this possible?

    Emily’s Answer

    No. If your income has changed or you have become unemployed, you MUST IMMEDIATELY seek modification as they will not retroactively modify. The minimum amount in Nevada is $100 per child, per month.

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  • Do I have legal rights, as a Grand Parent to speak to my grandchildren living in another state? My son is denying me access!

    I have always been a great Father and Grand Parent. Very close to my son until last November, when we had a major disagreement and falling out. I always spoke, skyped and gifted my Son, his wife and Grandchildren often. I have asked many, many tim...

    Emily’s Answer

    Generally no. A fit parent is presumed to be acting in a child's best interest with regard to 3rd party contact and visitation. There are narrow exceptions that would need to be reviewed by an attorney but these are not easy cases and I would say 1/25 inquiries I receive about grandparent or other relative visitation or custody rights actually have merit under the statute.

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  • When my ex and I separated our daughter was only 3 months old ..i had an attorney representing me for an annulment case

    which was granted by the judge . by the end of that process i had no $ to spend for representation and attorney told judge he withdrew ..during the annulment process the judge granted physical temporary custody due to our daughter's age being an ...

    Emily’s Answer

    Generally No. A modification of custody as you describe it requires a change of circumstances and the child simply aging usually is not sufficient. It is important for people to understand these things when they enter into agreements because modifying existing orders is not easy.

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  • TPO

    I am in tears it seems I have already been convicted at an ex parte hearing. My life is ruined. I do not know what to do I am not even able to pay for legal help.

    Emily’s Answer

    An ex parte granting of a TPO application is not a conviction, in fact it is not even a criminal proceeding. . It is a very low legal standard and you will get a hearing, usually within a few weeks.

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  • If Judge grants deadbeat parent full custody, how can other parent get her rights back, if had they had them their whole lives?

    I'm pleading for someone to help me get my children back. Next month, the dead beat parent who abandoned us for 10 years will have full custody. I don't have much left in me. For a few months now, I've been going thru what one who has had their ch...

    Emily’s Answer

    Essential facts are missing from your inquiry for anyone to give you any constructive feedback. You should consult with an attorney.

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