Legal Question in Family Law in Nevada
Jurisdiction is Nevada, we live in California. We won primary physical custody in a fight she took to the NV supreme court. We have joint legal custody. We think she's bitter, so she's pursuing the following actions seemingly for selfish reasons (we can't think of other reasons):
1. She will decline to utilize the kids' educational curriculum provided by us during their breaks with her, but will claim she gets private curriculum info from the school which she supposedly follows. The school denies she is receiving any information from them. Historically, when she had temporary full custody of the kids, both kids failed academically and the older child was forced to repeat kindergarten and the youngest one had no success with anything academically while in her care.
2. She'll take educational workbooks from us, but then refuses to give them back or provide information on what they accomplished. The impact is that we don't know if she worked on them and we can't coordinate on their homework as they transition between homes, especially during the summer and long breaks.
3. The impact of the above has been a documentable trail of large educational declines following her breaks, which can be proven in official reports.
4. She now blocks the kids from obtaining passports and has refused to allow international travel, citing parental flight and child age risks while prior to her loss in court she allowed international travels and actually asked us to travel more with the kids. She finally did recently provide us with permission to take ONE trip internationally.
5. She blocked one of the kids from attending soccer, as she claims the child doesn't want to go to soccer, even though he has continually stated that he does. He has stated this to her even over Skype, while we were present. She promised to email us allowing it and never has.
Is there some path that we can take where the court will realign her rights or better define her rights so she can't hurt the children?
Is it a reasonable option to pursue that with the court and do we have a chance at winning?
1 Answer from Attorneys
If you have difficulties relating to education and scheduling, you can always ask for modification of responsibilities, or more specific orders. After Rivero, the Nevada Supreme Court has embraced the notion that specific aspects of legal custody -- education, medical care, etc. -- can be the sole province of one parent, or the other, if necessary. And, under the Ellis case, an educational impact is itself sufficient as a basis to alter custody orders.
So the short answer to your question is "yes." To review the cases and other material, see http://willicklawgroup.com/child-custody-and-visitation/.
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