Legal Question in Family Law in Nevada

Forgery

Divorce battle. Man forged a document of legal custody of children. Handwriting expert result is positive man did forge name of ex-wife on document. What can the woman do with all the delayed emergency hearings? They both currently have joint custody. What type of felony is this act? Full custody over the children will go to court. Can the woman file criminal charges against the man? What would be the result of forgery over child custody. He kept the children with a restraining order with a false forgery document for 4 months. What is the maximum sentence for this type of forgery? Please respond, this woman is running out of money because of lawyer costs. Thank you for any information.

Sincerely,

Close friend


Asked on 9/23/06, 2:37 am

1 Answer from Attorneys

Roger Harada Law Office of Roger R. Harada

Re: Forgery

What exactly was forged and how is not entirely clear by the question, so this answer will assume the truth of the allegations made in the question.

Clearly, the best and most immediate sanctions for this "fraud upon the court" is held in the hands of the family court judge, and if the allegations are proven true, I would think the remedies (punishments) would be swift and severe, as follows:

1. The party found to have forged the document should be ordered to pay for all of the other party's attorney's fees in opposing the ficticious custody order and any collateral matters flowing from it.

2. The affected party should file a police report for both forgery and perjury, as the document was presumably submitted to the court as an authentic document, when in fact it was a forged document, therefore the person submitting the document committed perjury when doing it.

3. I would think the fact that the forged document is indicative of general falsehood on the part of the party submitting, and therefore, that would be a relevant fact for the court to rule against that party having custody.

This is a matter that clearly needs to be handled by an agresssive and competent family law attorney. Your friend needs to fund this case with the hope that she will get her/his fees paid by the other side when all the chips settle. If she/he does not have confidence in the attorney she/he has presently, she/he should find another.

Good luck to your friend,

Roger R. Harada, Esq.

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Answered on 9/25/06, 1:04 pm


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