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Tracy M. Rau
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Tracy Rau’s Answers

648 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...

    Tracy’s Answer

    In my experience, assuming you have the appropriate statutory grounds to terminate Mom's rights, the filing of both the termination and the Adoption at roughly the same time is helpful. This is because should the termination court be apprehensive about terminating mom's rights as a result of releasing Mom of her financial responsibilities for the child, you are able to make them aware of the open adoption case number. Mom's rights must be terminated before the Court will consider the adoption request. With some hard work and planning, the two cases can progress together to conclusion in the ultimate adoption Decree. I strongly suggest you meet with an experienced custody/adoption attorney on this as the procedures can be quite complicated. Hope this helps and good luck.

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  • Should I wait until the inevitable move to address relocation or should I do it now?

    I have had my son in my custody his entire life, my son's dad ( we were not married ) was sporadic in visitation and for a period of several years completely absent . We have no legal custody agreement but I have always had primary custody and for...

    Tracy’s Answer

    In Nevada, in order to relocate with your child you will need Dad's permission to do so or authority of the Court. The Court will not however order a prospective order that you be able to do so at some future point. Instead, the court will want to know specifics about a particular move, how it serves the best interests of the child and how "reasonable alternative visitation" will be accomplished for Dad (among many other issues). In order to explore the more specific facts related to a particular move, I strongly suggest that you consult with an experienced custody attorney so that you can most fully explore your rights and responsibilities related to a move. Hope this helps and good luck!

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  • CAN MY EX HAVE HIS WIFE ADOPT MY CHILDREN?

    My ex has our 3 out of 4 kids full time. The last I seen 1 of my kids was November the other 2 didnt want to come. My ex told my daughter that his wife was going to file for adoption for 3 out of 4 of my kids that live with them. We are in a lega...

    Tracy’s Answer

    Mr. Breeden is correct that the evidenciary burdens related to terminating your parental rights are very high. Your ex would need top terminate your parental rights in order to seek to have the children adopted by his current spouse. In that it sounds as if you are not having your ordered visitation, you may also want to consider bringing a motion to enforce that schedule and seeking compensatory time as may be applicable. This motion should afford everyone the opportunity to get to the bottom of the assertions that one or some of the children "do not want" to see you. You can obtain the forms for filing the Motion at the self help center at the family court: http://www.familylawselfhelpcenter.org/self-help. Good luck and I hope that the forgoing helps.

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  • Does he have custodial rights or am I the primary custodial parent? Can I put her in pre k without his permission and just move?

    I am unmarried & have lived with the father of my daughter, he is on her birth certificate, for more than 5 years. he's an alcoholic who drinks daily & was on workers comp. hasn't gone back to work since released. he lives on his settlement right ...

    Tracy’s Answer

    Mr. Pickard gives great advice. I strongly recommend that you consult with an experienced custody attorney before you take any actions in order to be most fully informed regarding all of your rights and obligations. Good luck!

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  • Is child support capped for high income earners, or can it be a straight 40%. If capped, how do I get more?

    My husband and I are getting divorced, after 13 yrs of marriage. We have 2 children and they live with me. He makes an income of over 1 million per year, I gave up my high paying job when we had kids and so he is the sole source of income. He d...

    Tracy’s Answer

    The presumptive cap for child support based on the income amounts you allege in your questions would be $1,091.00 per month, per child (the highest cap category as of July 1, 2015). As the prior answer points out, you can ask the court to deviate from the cap for any number of the factors outlined in the applicable statutory scheme. If the court agrees with your arguments, it would have to make specific finding supporting the upward deviation and the non- applicability of the statutory cap. Hope this helps and good luck.

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  • Are the parents allowed to see the report on the outcome of the child interview?

    In a custody case, our three children, ages 17, 15, and 12, were ordered by the court to be interviewed by the Family Mediation Center. After the report was received by our respective lawyers, the opposing party proposed that I be given primary ph...

    Tracy’s Answer

    Assuming there is no specific Order from the court which indicates the parents should not be able to view the child interview report (which would be extraordinarily usual but I guess within the realm of possibility ) - parents are allow to read it. The lawyers and the Court cannot however copy the report (there is a specific rule against that) so usually this means that a parent must report to their attorney's office, or at the court if a parent does not have counsel, to review the report. Hope this helps and good luck.

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  • What are the steps to getting a divorce in Nevada or how do I get my own paperwork to file myself?

    I'm unhappy in my marriage.

    Tracy’s Answer

    It is always a very good idea to at least consult with an experienced divorce attorney to discuss your rights, obligations and options. Should you decide to file for divorce without the aid of counsel, you can obtain the necessary forms at the family law self help center: http://www.familylawselfhelpcenter.org/. Hope this help[s and good luck.

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  • Paying child support to two different household?

    I'm paying child support to my first wife, two kids 25% of my income. And my soon to be ex wife is going to file child support as well( we have one kid together) I'm wondering how many % my second wife would get? And how many % I have to pay for e...

    Tracy’s Answer

    As usual Ms. Whitbeck is correct. With obligations to two different households for child support, the obligation would be determined by application of the applicable statutory percentage to each household. So if you have 2 different children with two different mothers you would pay 18% to each for a potential total obligation of closer to 36% than to the 25% percent for 2 children in the same household. The theory behind this is to try to ensure the support of one's children regardless of a parent's decision to have additional children, or better put, to be sure that one does not choose to have children that one cannot support in accordance with the statutory scheme. An individual paying support can ask for an "offset" for other children and the amount of that offset would be a matter completely within the discretion of the Court to determine. I have seen offsets as low as $25 and as high as a couple of hundred. Hope this helps and good luck.

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  • Was this a legal document or did my ex husband make this?

    https://drive.google.com/open?id=0BxW4IatSY12sUjNsOEhhMjVuT0FlUGdFcGI2V2xFdFI0UHNj

    Tracy’s Answer

    I suggest you seek a face to face consultation with an attorney who practices in the area to examine the document and provide insightful legal advise re its potential meaning and validity. Good luck.

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  • How can I be a step parent to those kids or do I even have any say so in the matter?

    My mans baby mama does not want me around her kids at all.

    Tracy’s Answer

    I agree with Ms. Whitbeck. What a parent does in their household with their children during their respective custodial time is up to that parent (again assuming that what they choose to do does not place the children at an risk or in danger). The introduction of new partners is a common situation and one that should be dealt with with respect and courtesy. Everybody should understand that the children have one Father and one Mother and that step parents play a supporting role to these parents. It can be a difficult and delicate balance to achieve. Hope this helps and good luck.

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