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Orion Jacob Nessly

Orion Nessly’s Legal Guides

21 total

  • UCCJEA: What if there's no "Home State"?

    The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) determines which state has jurisdiction to make child custody determinations based on the child's "home state," which is where the child has lived for the past 6 months (or since birth if the child is less than 6 mo...

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  • Facebook is NOT your Friend (in court that is)

    This guide is meant as a warning to show how your online statements can be used against you and as an illustration about how the other party's online statements can possibly be used in your favor.

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  • Why You Won't find a "Pro Bono" Attorney for your Family Law Case

    I see this question posted fairly regularly on Avvo, so I wanted to compile a fee of the better answers into an easy-to-access guide.

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  • Restraining Order 101: When NOT to get a FAPA Restraining Order

    This guide is meant to explain when not to get a Family Abuse Prevention Act ("FAPA") Restraining Order and also to illustrate a couple of common pitfalls.

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  • Custody Evaluation Tip #7: Don't Rehearse

    Don't: Take this advice too literally. You don't want to sound rehearsed. And remember, these guides are designed to be general tips, rather than specific advice that considers your own unique set of circumstances. Speak in your own voice. Don't try to memorize what you are goi...

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  • Custody Evaluation Tip #6: Avoid Collateral Damage

    Don't: Let others bash either. Make sure your relatives and others who speak to the evaluator follow the same rules about not bashing the other parent (see: Tip #5: Don't Bash). The evaluator is probably going to to ask you for a lost of "collateral contacts." These are third pa...

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  • Custody Evaluation Tip #5: Don't Bash

    Don't: Bash the other parent. You may have a long history of problems with the other parent that you want the evaluator to know about. You may have entirely valid concerns about the other parent's decisions or childcare practices. However, you need to be very careful about how y...

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  • Custody Evaluation Tip #4: Deciding How Much to Explain

    Don't: Give your child information more than he or she can emotionally handle. Do: Explain the process in a simple, honest, and straighforward way so that your child knows what to expect when they meet the evaluator. When the evaluator comes to your home (or you bring your chil...

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  • Custody Evaluation Tip #3: Don't Put Heavy Weights on Small Shoulders

    Don't: Make make child(ren) feel responsible. Kids are always going to have some corner of their mind where they feel at least partially responsible for their parents' break up. It's a confusing and scary time and you don't want to make it any worse than it already is. The reas...

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  • Custody Evaluation Tip #2: Don't Coach!

    Don't Coach: Do not tell the children what to say to the evaluator. Children are usually honest to a fault. Sure, your son or daughter will probably say exatly what you told them to say...but then they will probably follow that up by telling the evaluator, "Mom/Dad told me to tel...

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