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Tracy M. Rau
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Tracy Rau’s Answers

528 total


  • Can I get my daughter back sooner then the 12 months I told the judge her dad could temp take her while I stabilize my life.

    4 months ago during a bad custody battle I wrote the judge asking if I took a year to get my life on track considering my husband was murdered and I spiraled out of control. But have now changed many things significantly in my life in order to hav...

    Tracy’s Answer

    I agree with Mr. Pickard. With a change of circumstance, the Court may entertain a modification of custody. Your best bet it to consult with an experienced custody attorney to most fully explore the particular facts of your situation (the necessary discussion will not be possible on this web site format) and help form a plan moving forward to try to meet your legal objectives. Hope this helps and good luck.

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  • I want to relinquish parental rights/child support on the non custodial parent that has been absent for my child's entire life

    my son is 6 now and non custodial never made attempt to see or be physically present for him until a day ago.. I recently requested increase in child support since he is now working and was paying below minimum 46.66 biweekly. In the past he email...

    Tracy’s Answer

    The grounds which are necessary to terminate a parent's parental rights are outlined in NRS 128. Even with the consent of parent who's rights are being terminated, some court's are reticent to terminate as a result of the fact that doing so cuts off that sourse of fincial support for the child. I recommend you consult with an experinced custody attorney to discuss the specifics of you matter and the pros and cons assocaited with an effort to terminate and take it from there. Hope this helps and good luck.

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  • Y WOULD A FAMILY COURT JUDGE BE MEAN TO ME AS THE PLAINTIFF DURING OTC HEARING 4INSISTING TO HAVE HIM IMPOSE A PENALTY OF $500

    TO DEF ? DEF CLEARLY VIOLATED THE ORDER AND IT'S NOT THE FIRST TIME . WHY JUDGE DOESN'T PUNISH HER ( NOT NECESSARILY JAIL TIME FOR BEING HELD IN CONTEMPT) BUT BY PAYING THE FINE I REQUESTED WHEN HE ASKED WHAT I WANTED HIM TO DO FOR HER COURT ORDER...

    Tracy’s Answer

    Different Judges have different temperaments. Some are more "gruff" than others. Regardless, the judge of your case will remain the Judge so it is your task as a litigant to attempt to persuade this judge to the reasonableness of your requests, irrespective of their temperament. A Judge does not always see things the same way that a particular litigant might so sometimes a litigant does not get everything that they request from a Court. Hope this helps and good luck.

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  • Do you think this is a reasonable visitation plan?

    Dad w/ Custody in Alaska- Mom in Las Vegas- Both Military- Child 4 y/o- Alternate Winter Break to include Childs birthday-27 Dec (Odd years) Alternate Spring Break (Even Years) Alternate Thanksgiving (Even Years) Split Summer (6 weeks ea...

    Tracy’s Answer

    There are too many variables in your question to render an meaningful opinion. An ideal schedule would seek to maximize the time the child or children spends with each parent so the more visitation given to the non custodial parent, the better. In my experience, spring break usually goes to the none custodial parent each and every year when there is a relocation or other set of facts wherein the parents are not living in the same state. Hope this helps.

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  • Do I need to go to court to get full custody if the other parent has gone more than a year without spending equal time?

    The father of my children and I went to court previously and had a joint custody agreement. We modified it at family mediation about a year ago but he is still not holding up his end. He only sees the children about 12 hours a week but maintains t...

    Tracy’s Answer

    I agree. Should you desire that the orders in your case actually reflect the true state of affairs (usually a very good idea) you will need to file the appropriate motion with the Court.

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  • How can I contact a family lawyer for free?

    I'm a minor and my sister in law is planning to fight for me in court within the next six months. we cannot get a hold of a family lawyer and I just want to talk to them about my situation and see if her winning in court is possible.

    Tracy’s Answer

    Some lawyers also offer free consultations. An online search or an AVVO search should include lawyers in your area who offer a free consultation. Good luck,.

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  • My husband's ex wife took me to TPO court already and what happen if I don't show up this time?

    My husband's wife hates me and try everything to not letting me be around their kids. She took me to court last year already and I just get served again and she is trying to say I harass her at work which we both know it's a lie. What happen if I ...

    Tracy’s Answer

    If you do not appear at the hearing to extend the TPO, it will likely be granted. If you do not show the record of the hearing will not include your objections. The entrance of a TPO can have impact beyond the actual order to stay away (fire arms ownership; custody, job searing etc) so I strongly suggest you appear to tell the court why you believe that the TPO should not issue or be extended. You may do well to hire counsel for the hearing also.

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  • What do I do next?

    I served my sons mom with a motion to modify custody and she didn't file a response within the 10 day period. However they already gave me a court date when I initially filed the motion. I'm confused if I am supposed to file something else before ...

    Tracy’s Answer

    Assuming your service of your motion was appropriate, you can just wait for the hearing. She will either file something or not. If she does not, you will appear, let the court know that you are unopposed and ask for your related relief. She may show up and argue her opposition on the day of the hearing and this will be left to the Court to permit/deny or otherwise address. There is a strong public policy in effect which supports the notion of matters being resolved on the merits as opposed to disposed of or otherwise decided as a matter of procedure in our family court's so expect the court to want the facts from each party prior to making a decision, particularly on the matter of custodial modification.

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  • Would it be O.K. to marry my brother? Now same sex marriage is allowed and incest preventing marriage of siblings is impossible.

    If I am a widower and my brother in Germany is a widower, could I marry him for strictly companionship (prefer him 1000 times to a random woman). I lived with him until we went to college, I like him, we share lots of interests and I fully trust ...

    Tracy’s Answer

    It is not permissible in the United States to marry anyone who is within your first (or second) degree of consanguinity ( a mother, father, brother or sister).

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  • How can I protect my son for the horrible things my ex tells our son?

    Only recently have I had to have no contact outside email with my ex he so abusive on the phone to me and In text message that I decided email only. I'm not stopping him from contacting our son once a day and our son can call him as many times as ...

    Tracy’s Answer

    I agree that a behavior order sounds necessary here. Unfortunately, behavior orders can be difficult to enforce with consequence. Should the behavior continue or even get worse, you may want to consider a modification of the custodial agreement if appropriate. I suggest you consult with an experienced custody attorney to more fully explore your options at this point and tools you can try to "defuse" the situation, which may help.

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