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Terminating fathers rights after he sent her to me and told her to never speak to him again

This legal question related to child custody attorneys in Las VegasNevada has been answered.

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Location: Las Vegas  |  Law type: child custody attorneys
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My 13 almost 14 year old daughter has moved back with me in September. Her father called me and told me good luck she is coming to you. And she was at my door step the next day. He put her on a flight from Florida. She had called him to talk to her sister who is 16 and he screamed at her and told her I thought I told you never to speak to me again. A week prior to that she had text me and asked me if she could come and live with me and I was like yes duh well she told me later that her father had pulled over and pulled her out of the truck and tried to throw her in the truck bed on the side of a busy road because she was bugging him about being hungry and having a broken phone….


my at the time 15 year old got out and helped stop the situation and she was able to get back in but was told not to speak to him…..


I have a blacked out ish video that was sent to me by her fathers then girlfriend of him screaming at my oldest while his girlfriend is screaming at him to stop 


I spoke with her and she said she would testify if needed about things he has said and done and treated them


my 13 year old told me she knows what Cocaine is because she found it in his closet. 
 


yea we both use to party but I no longer do anything I don’t drink I don’t use illegal drugs and I rarely take a hit of weed just to help with migraines. He was so convinced that I was working with the cartel and he se to call accusing me of hacking into his accounts and that’s when I found out he was smoking crack..


he does have a job he did provide to a point for the girls my oldest is trying to go back to Oklahoma to finish high school because she doesn’t want to live with him but she doesn’t want to move with me to Colorado…..


my divorce and custody paperwork was all done in Vegas. I moved out here to Colorado with my fiancés family to give my daughter a better place a safer school and more stability. 
 

I tried to reach out to her father a few times but he doesn’t answer text messages and I believe my calls are blocked on my and my daughters phone numbers. 
 

This might not mean much but he is a true narcissist. And he told my oldest he was only keeping them from me to hurt me. My youngest was held back this is when covid first started for not attending school. 
 

it was all online. At the time and I asked him how do you let her get held back and think that it’s better she is with you…. He said it wasn’t his responsibility to make her go to school it was hers… again this was like second semester 2021 so she was about 10 or 11ish. 
 

and I can go on…. 

Legal Solution

The response provided below is specific to child custody attorneys in the jurisdiction of Las Vegas. If the response is inadequate, please submit a detailed inquiry.

Analysis of Legal Issue

Based on your description, you are dealing with a complex situation involving child custody, potential child neglect or abuse, and possibly substance abuse issues by the father. In such cases, the primary concern is the safety and well-being of the children involved. Given that your custody paperwork was completed in Las Vegas, Nevada law will likely govern any modifications to custody or parental rights.

Relevant Nevada Statutes

Possible Solutions

To pursue the termination of the father's parental rights, you will likely need to file a petition in the family court that issued the original custody order. The court will consider the best interests of the child, taking into account factors such as the father's behavior, the safety and well-being of the child, and any evidence of neglect or abuse. It's important to gather and present all relevant evidence, including the video and testimony from witnesses like the father's former girlfriend.

For legal guidance and to ensure your case is properly presented, it's advisable to consult with a family lawyer experienced in child custody and parental rights cases.

Average Legal Fees in Las Vegas

Service Average Cost (Las Vegas) National Average Difference
Initial Consultation $200 - $400 +10%
Filing for Custody Modification $1,500 - $3,000 +15%
Termination of Parental Rights Case $3,000 - $5,000 +20%
Full Custody Battle $5,000 - $20,000 +25%

Las Vegas legal fees can be higher than the national average due to the high demand for specialized family law attorneys. The complexity of each case significantly affects the cost.

Complexity of These Cases

Terminating parental rights is a complex legal matter, as courts are generally reluctant to sever the relationship between a parent and child. This process requires substantial evidence demonstrating that the termination is in the best interest of the child.

Case Study 1: Substance Abuse

A parent's substance abuse issues can be grounds for modifying custody or terminating parental rights. In such cases, presenting evidence of substance abuse and its impact on the child's safety is crucial. The court may order substance abuse evaluations and consider treatment records.

Case Study 2: Emotional and Physical Abuse

Evidence of abuse, such as testimonies, medical records, or videos, can be used to show that the child's well-being is at risk. The court might order psychological evaluations for both the parent and child.

Case Study 3: Neglect

Neglect, such as failing to ensure a child's attendance at school, can also be grounds for modifying custody or terminating parental rights. School records and testimonies from educators can be important evidence.

Relevant Questions for the User

  1. Have you documented all instances of alleged abuse or neglect? - This question helps assess the availability of evidence for legal proceedings.
  2. Are there any existing legal agreements or court orders regarding custody? - Understanding the current legal framework is crucial for determining the next steps.
  3. Do you have a support system in place for your daughter during this process? - Considering the emotional impact on the child is important for her well-being.

Common Questions and Answers

Q1: What evidence is required to terminate parental rights?

Evidence can include testimony from witnesses, medical or psychological evaluations, police reports, and any other documentation showing that the parent is unfit or that termination is in the child's best interest.

Q2: How long does the process of terminating parental rights take?

The duration varies depending on the complexity of the case, the court's schedule, and whether the case is contested. It can take several months to over a year.

Q3: Can a parent voluntarily relinquish their parental rights?

Yes, a parent can voluntarily relinquish their rights, but the court must still approve the termination to ensure it's in the child's best interest.

Q4: What are the possible outcomes of a custody modification case?

Outcomes can range from minor adjustments to the existing custody arrangement to a complete change in primary custody or even termination of parental rights in extreme cases.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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