Legal Question in Family Law in Nevada
I have a 4 1/2 year old daughter. I was never married to her biological father and he has not seen her in almost 4 years. Now he has requested mediation for visitation and access issues through the DA's office. He has never shown interest in being a part of her life, she does not know him, and he is violent so I fear for her safety if he is allowed near her. I know the mediation is just an attempt to resolve things without filing in court. Ideally I wish he would just sign off paternal rights, I don't depend on the infrequent payments that are garnished when he happens to have a job. However, I know that is just wishful thinking. I am prepared to retain an attorney in the event that we go to court, money is not an object in my fight to keep my daughter safe. However the mediation center has informed me I cannot have an attorney for mediation. What do I need to request in mediation so that I do not sound unreasonable?
2 Answers from Attorneys
You must ask the mediator for the domestic violence protocal so that you two aren't in the same room at the time. You can reasonably require supervised visitation at Donna's house from the mediator and ask the Judge for the father to do violence counseling and other things to handle his anger. Because she is a stranger to him, you should demand that he does not get overnight visitation for at least six months.
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Mr. Cogan's advice is sound. One other thought -- your priority is protection of the child, and you are within your rights to demand supervised visitation and a slow process of reintegration if he actually has seen the light and wants to become a parent -- including a psychological assessment and having a qualified psychologist verify that he is no threat to the child. In one recent case, the guy's own therapist told us to not allow him anywhere near the child at issue. Stand firm on your principles -- you are not required to actually agree to anything.
If you do not get a satisfactory result, contact a qualified family law attorney, and file for the relief you seek in family court. For the relevant rules, etc., see http://www.willicklawgroup.com/child_custody_visitation.
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