Legal Question in Family Law in Nevada

how do I get financial custody back from my brother who no longer has phsical custody of my daughter?


Asked on 2/06/10, 10:14 am

1 Answer from Attorneys

Marshal Willick Willick Law Group

Your facts are a bit vague -- I can't tell who lives where, or what happened to change custody or support obligations at any point. Nevada law does provide for support to follow actual custody -- so if the child is being cared for by someone other than you brother, and your brother has an order requiring payments to him, the support obligation is "portable" to whoever has actual custody.

A preliminary question is "who has been raising the child so far?" If indeed the child has spent virtually all time with you, most courts would recognize the "de facto" circumstances, and apportion who owed whom child support accordingly. For details, see the Child Custody (http://www.willicklawgroup.com/child_custody_visitation) and Child Support (http://www.willicklawgroup.com/child_support) pages of the web site. All relevant custodial factors (as set out in NRS 125.480) are set out, or linked, on the child custody page, and the statutory support laws are posed on the child support page.

Assuming Nevada law applies, you also have the right to seek up to four years of back support for the time you have been separated but no court order has been in effect.

Who was where, when, and for how long, and therefore which state has jurisdiction to enter orders, is not set out in your question. For an explanation of "Exclusive Modification Jurisdiction" and other necessary concepts, see the article titled "The Basics of Family Law Jurisdiction," on the Published Works page of our firm web site, at http://www.willicklawgroup.com/published_works.

You should probably seek consultation with an appropriate family law specialist. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV.

If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.

However you decide to proceed, I wish you the best of luck.

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Answered on 2/11/10, 10:49 am


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