Skip to main content
Tracy M. Rau
Avvo
Pro

Tracy Rau’s Answers

503 total


  • I have joint physical custody but my daughters mother is hiding her from me? I can find her if I follow her mother after work.

    what should I do

    Tracy’s Answer

    I agree with the prior answers. If your rights to custody are not being honored you should file the appropriate motion with the court seeking enforcement of those rights. I strongly suggest that you consult with an experienced custody attorney to this end. Good luck!

    See question 
  • My divorce was final on June 15, 2015

    We have a joint checking account that we need to split, per the decree. I said we would split whatever the balance is on June 15, 2015, the date the Judge signed it. The X says he is trying to get an answer as to the Official date, he is claiming...

    Tracy’s Answer

    I agree with Mr. James. It is always prudent to specify these dates in a decree in order to prevent just these sorts of alternate interpretations. Since it is a joint account you should have access to the statements from the bank, visit them and see what withdrawals if any have been made on the relevant dates. This way you can see if he did in fact withdraw sums you think he should not have and if so, what the cost /benefit analysis is regarding motioning the court on the issue. Hope this helps and good luck.

    See question 
  • Is this illegal or did I get screwed. The lawyer I hired for my divorce filed a motion for attorney fees.

    At the hearing he makes a deal with the opposing counsel and I find out what the deal was when we all went into the court OC said that we came to an agreement and that I would pay my lawyer with my future settlement $20,000 dollars plus the taxes ...

    Tracy’s Answer

    A client's authority is always needed to accept or decline any settlement offer. Are these terms which were prior discussed with your counsel? It is dangerous to assume what the court would have done, particularly on the issue of a fee award. Further all fee awards are judgments which would then need to be enforced/collected which often amounts to months/years of frustration and further expenses. I offer these insights only to offer the perspective that fee awards are often not all they are cracked up to be and it was perhaps with this thought that the agreement was discussed. Either way, you must authorize the agreement so if you did not, convey that to your counsel and your desire to have the agreements "retracted" or otherwise set aside. If you agreed to it (or did not object after the terms of the agreement were outlined for the Court) in court on the record, there may be very little that can be done, but I still recommend that you have a very directed conversation with your attorney on the issue. Hope this helps and good luck!

    See question 
  • I have spent thousands of dollars for nothing.

    Hi, I really didn't want to ask this question, but I feel I have no choice. My divorce lawyer for the past three months has sat on her thumbs, and has done nothing, but bill me. I have already had to fire her, and she keeps billing me, and send...

    Tracy’s Answer

    I agree with the prior answers. It is important that you feel secure and positive about your choice of counsel. To this end, you should consult with other counsel in an effort to find a better fit to handle the case from here on out if you feel that your relationship with your present counsel is beyond repair. The State Bar Of Nevada has a fee dispute mechanism as well as a mechanism for legal consumers to file a Bar complaint if they believe that their counsel may have acted unethically. Contact the State Bar on these issues for more information. http://www.nvbar.org/ Good luck.

    See question 
  • Can ex wife get back child support if she never asked for it?

    My ex wife is asking for back child support from 4 years ago when she ran off with our children. She told me that she was going to take the children to visit her family for the holidays and never returned with them. She never asked for support bec...

    Tracy’s Answer

    The short answer is "yes she can". Periods of cohabitation or other factors (your making any sort of payments as and for the support of the child) and maybe some other factors, could operate to limit her ability to do so. I strongly suggest that you consult with an experienced custody attorney to most fully explore the specific facts of your case and form the best strategy to meet your legal goals. Good luck!

    See question 
  • Can I adopt my grand daughter

    My name is Gladys Blasingame I'm a naturalized American Citizen, I would like to adopt my grand daughter , from Argentina, She is 18 years old, and She would like to Study in USA.- I'm 62 years old , married to an American citizen He is 61 years o...

    Tracy’s Answer

    In order for any third party, non step parent to adopt a child the parental rights of both biological parents must be terminated. I strongly suggest that you consult with an experienced domestic relations attorney to more fully discuss your options in the matter. Hope this helps and good luck.

    See question 
  • Is it possible to ask the Court to have the teenage children interviewed to determine custody?

    A mother of three, in spite of having sole custody, left the children in the care of the father in 2012 without providing any kind of support. Before and after every Hearing she would establish contact with the kids to show her involvement but it ...

    Tracy’s Answer

    A Judge certainly can regard the desires of a child of appropriate age and maturity level. This usually happens when a court orders that the child be interviewed at the family mediation center at the court house. The court is not however bound to do what a child expresses. The Court will give the thoughts of the child consideration and the weight it believes the interview should have in making an ultimate determination regarding any effort to modify custody.

    See question 
  • Child support- business audit and evidentiary hearing?

    My ex took me back to court a week ago and everything went horrible. I own a business and the judge ordered me to get a business audit and then go to a 2 days evidentiary hearing after that. What if I can't afford a business audit and all the lega...

    Tracy’s Answer

    Your options are somewhat limited as the Court has made an order. This means that you must comply or risk a finding of contempt and related sanctions. Audits can be expensive, but it will of course depend on how complicated or varies the corporate or business holds are. I know that costs are not happy news but I strongly recommend that you consult with an experienced family law attorney to help address the issue and ensure your compliance. Different lawyers have different accountants with whom they work, some more expensive than others, not unlike attorneys. Hope this helps and good luck!

    See question 
  • My ex-girlfriend has kept my daughter from me for 9 months. What grounds do I have to see my daughter if we were never married.

    We lived together before she was born and I was the primary caretaker. After I moved out, she let me see her a few times and then has refused since. What are my rights? Can she do this?

    Tracy’s Answer

    I agree with the prior answers and add that it is important that you file, sooner rather than later, to have your rights regarding contact recognized. I strongly recommend that you consult with an experienced custody attorney who will be able to address all of the facts that are particular case and set a course for you based on these facts. Hope this helps and good luck!

    See question 
  • WHAT MOTION DO I NEED TO FILE ? AND HOW CAN I HAVE A QUICK HEARING TO THE MOTION BEFORE TIME RUNS OUT ?

    THE COURT ORDER PARENTING AGREEMENT STATES CLEARLY THAT VACATION SHALL NOT TAKE PRECEDENCE OVER THE HOLIDAY TIMESHARE-ARRANGEMENTS . MY EX BOOKED A TRIP OVERSEAS AND DID NOT CONSIDER MY PARENTING TIME AND IGNORED THE PROVISION . I OBJECTED TO THE ...

    Tracy’s Answer

    The Court will not make a determination without a Motion on the issue. I suggest you file one and also bring a request for an order shortening time on the hearing setting. If an order shortening time is granted, the matter will be heard on an expedited setting. The court will or will not grant the request for an order shortening time in its discretion. If you have questions or concerns regarding this procedure, I recommenced that you consult with and/or retain an experienced custody attorney. Hope this helps and good luck.

    See question