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Emily M. McFarling
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Emily McFarling’s Answers

168 total


  • Is there grandparent rights for the maternal grandparents in the state of Nevada if the mother is not around?

    My daughter is no longer picking up her son and I would like to know if I can start getting grandparent custody.

    Emily’s Answer

    Only in very limited circumstances. You would only ever possibly qualify for visitation, not custody and even that is not easy. Your best bet is to get with your daughter and get her to start exercising her rights as the law presumes she is your conduit to your grandchild.

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  • Can I leave Nevada with my children and move to California if I am still married

    I may have a job offer in California. I can't find one here. My husband hates me. But I do not want a divorce. I believe we can reconnect. But I need to be in my own. There is domestic violence between us, but I don't want to hurt his reputation w...

    Emily’s Answer

    You can not move out of state with the children without his written permission, or permission from the court. The only way to get permission from the Court would be to file for divorce and ask the court of permission to relocate. Relocations are probably the most difficult custody cases. If you leave without permission with the children, you could severely harm your custody position.

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  • Can I keep my daughter home on the first weekend school

    I have sole legal/physical custody of my daughter. Does she have to go to her fathers the first weekend school starts or can she stay home to get on the school night schedule Also there has been an altercation where her cousin pulled down his ...

    Emily’s Answer

    Almost no one has sole physical custody. You have primary custody and he has visitation rights. Sole physical custody would imply he has no visitation --at all. This is almost never the case.

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  • What rights do I have as a grandparent to see my grandchildren when the mother is angry with the father.

    They have never been married. Both are alive No legal paperwork filed for custody She is using them as punishment against him. As the paternal grandparent, I also do not get a chance to see them.

    Emily’s Answer

    Your best bet is to assist your son in asserting his custody rights. His rights are vastly superior to yours and the law favors you getting your visitation through your son. It would be very difficult for you to assert independent rights.

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  • What should i do if the mother of my child will not let me see him and i dont have anyway of getting in touch with her?

    I have gotten a dna test i am paying child support I just want to see my child but i have no address to give the court to send visitation paperwork so she is aware of the court dates

    Emily’s Answer

    Hire a process server and do your best to find her. They know how to do this. Or hire an attorney who knows how to do this for you. You can proceed.

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  • Does a Former Guardian Have Visitation Rights After Termination of Guardianship is Granted?

    Approximately 5 yrs ago, my step-daughter voluntarily granted guardianship of her newborn child to myself and husband—my husband being the child’s natural grandparent. A few years ago, my husband died, leaving me as sole guardian. Recently, my st...

    Emily’s Answer

    You may get court ordered visitation but only if you can show she is unreasonably withholding visitation from you. It would be highly unlikely that you would get 50/50 custody. Her parental rights are far superior to yours. Public policy encourages consent based guardianships so people can reach out for help when they need it and not fear risking losing their parental rights. You mention you want custody "like a divorce". You are not the child's parent. She has constitutional rights as a parent that you do not have.

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  • After an affidavit of service has been filed in a divorce if the plaintiff does not sign the final decree what happens?

    I live in Las Vegas Nevada my husband filed for divorce in February . In May he falsified then filed an affidavit of service stating that he had me served divorce papers. The person that allegedly served me the papers is a friend of his who ...

    Emily’s Answer

    It is never a good idea to ignore a case you are aware of because of a service deficiency. And the remedy for challenging service is to file a motion to quash service, not ignore it. And at that point you might as well just Answer and participate. You will be in for much more work if you let a decree get signed and you have to set it aside.

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  • What are my options for terminating parental rights of a biological father that has never had contact with his child?

    I am wanting to terminate the parental rights of my oldest child's biological father. He has never had contact with him, my son will be 11 years old in a few months. His biological father was also deported and stripped of his American citizenship ...

    Emily’s Answer

    You file it in NV if the child lives here. You start by filing a petition to terminate and there are some technical requirements. You should contact an attorney to help you. Based on your information, you likely have sufficient basis.

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  • When a divorce case says it was filed & was a petition joint divorce does that mean both signed it & is final?

    My boyfriend was married previously with no kids, he is deployed and he took action to file the divorce in Las Vegas where they got married and his current wife lives. On the divorce court case record it says it was filed 13 days ago and the case ...

    Emily’s Answer

    In addition to the filing of the joint petition, he needs to send the Decree of divorce to the Judge for signature. After that is done, he will be divorced.

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  • Do I have any say, get to see my child, or custody in this case?

    I had opened a child support case in Nevada, my ex moved to California and from what I know there's no custody orders. My ex is refusing to let me see or have my child. I pay my child support and have had my child previous times before. What am I ...

    Emily’s Answer

    You have rights but without a court order you are pretty much powerless to assert them. Based on your information, you need to file a custody case and you need to do so in CA.

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