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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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My daughter lives in Las Vegas with her father and I live in

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My daughter lives in Las Vegas with her father and I live in California. Our custody agreement at this time is 9 months with him and 3 with me. We did this because of school.

At this time she is 12 years old and not attending public school. She is being home schooled on the computer.

Her father has a very demanding job and is often not at home. He works in production which means he is often working a show of some sort in a casino downtown las vegas.

My daughter is complaining about being home alone all the time and not having friends because he will not allow her to go to public school. His reason for this is because where they live she can not take a school bus and would have to walk a mile alone to school. With his hours he can not be reliable when it comes to getting her to and from school.

She is very unhappy. I dont know what to do.

Is it legal for him to leave her all the time like this? Is seems to be raising herself.

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

FiveStarLaw :

Is your custody agreement pursuant to a court order?

Customer:

Custody agreement is in our divorce papers. We were divorced 11 years ago. We have never revised it.

FiveStarLaw :

Thank you for your response

FiveStarLaw :


You can file for modification to the parenting plan to have you daughter live with you the greater part of the year

Custody is subject to modification at any time there is a substantial change in circumstances that affects the best interest of the child. The fact that the father is unable to parent during most of the time your daughter is with him, if a substantial change in circumstances that warrants a review

FiveStarLaw :

Additionally, your daughter's preference may be considered as a change in circumstances

FiveStarLaw :

You would need to petition the court for modification in the court where the original custody order was entered

FiveStarLaw :

I would be glad to respond to any follow-up questions that you may have.

Customer:

how do you petition the court?

FiveStarLaw :

I can look for the forms for you. Which court originally entered the order?

Customer:

Clark County, NV

FiveStarLaw :

Please give me about 5 min to locate the forms

Customer:

thank you

FiveStarLaw :

My pleasure

FiveStarLaw :

Here is a link to the forms and directions required to petition the court for modification: Packet 90

FiveStarLaw :

Of course, because of the nuanced details of the matter, I suggest that you retain a local attorney.
Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com

FiveStarLaw :

You may also be able to obtain free legal assistance at this link: http://www.lacsn.org/

Customer:

Thank you very much... This gives me a good place to start.

FiveStarLaw :

Is there anything else I can assist you with today

Customer:

I think I am good for now.. Thank you.

FiveStarLaw :

I wish you the best of luck. If I can assist you in the future, please start your question with "For FiveStarLaw"

Customer:

I will. :) Have a good day.. Thank you.. Goodbye

Ellen and 2 other Family Law Specialists are ready to help you