It is our mission at Kainen Law Group (KLG) to make what is already a difficult time as stress-free as possible. A simple case of child support had turned into a 3 ring... My husband and I used Neil for the adoption of our Granddaughter. In other words, the finding of unfitness cannot be speculative. He was attentive, responsive, and very easy to work with. Grandparents should be capable of meeting the child's needs and upholding their well-being during these visits. The adoption went very smoothly and we were very pleased with him and his staff. To prove your ex is an unfit parent you can use evidence of: A history of drug or alcohol abuse A history of domestic abuse; either physical or emotional A history of mental illness that could incapacitate the parent to care for the children adequately Before you take any steps to have a court declare the other parent unfit, it is important that you are certain in your belief that the other parent is unfit. You are the Plaintiff and the other parent is the Defendant. Every step of the way he and... Neil represented me in my divorce/custody case. The time he took to get to... We work with Katherine Provost and Kainen Law Group frequently for contracts and contract reviews for our surrogates. 1st time he was not even my attorney. My family is forever grateful for Ed and his entire staff. Call our lawyers today at 702-823-4900 to set up an appointment. I had a great experience with Kainen Law Group. Call us today to set up an initial consultation. But if you find yourself faced with divorce, you will not find a better lawyer anywhere in Las Vegas than Ed Kainen. In general, an “unfit parent” is one who fails to properly provide for the child and to ensure their wellbeing. He was very professional and thorough. This means that a parent loses all rights to both the physical and legal custody of a child. An unfit parent is one who can’t or won’t provide the child with proper care, guidance, and support. They were all very professional and made the divorce process very easy for me. While it can be easy to jump to conclusions about what makes a parent unfit, Nevada law has a specific definition for that term. And, don’t worry, it’s easy to use. Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session. Termination of parental rights (“TPR”) happens when a parent has abandoned or neglected a child, become unfit to provide care, or caused serious mental, physical or emotional abuse. Today, courts strive to settle on a custody arrangement that is in the best interests of the child, without bias in favor of the mother or father. We offer virtual meeting options for our Clients - click here for more information, Top quality, efficient, customized representation. § 128.018 “Unfit parent” defined. Some of them include: There are other criteria that a court may use, but these are generally the most common. A parent with a mental disturbance or addiction to drugs or alcohol may also be found to be an unfit parent. I couldn’t believe how fast everything went. Every step of the way he and... Ed Kainen continues to do an outstanding job representing and protecting the best interest of my family. If the court finds, that the allegations do not rise to the level necessary for termination, no termination will occur. He answered all my emails and phone calls promptly and worked out a settlement that... Neil has represented me for the past several years, and has always provided me the best in service, advice and representation. The child would be in danger with the parent. We will sit down with you and try to answer questions about what can be a confusing time in your life. As a result, the first parent may believe the other parent is “unfit.” However, that determination is not up to the upset parent and they cannot unilaterally effect an “equitable termination,” by cutting off time and contact. We go to great lengths to offer customized options that best serve our clients and meet them where they are. A parent who relocates with a child pursuant to this section without the written consent of the noncustodial parent or the permission of the court is subject to the provisions of NRS 200.359. I have had the opportunity to work with Neil twice. While this definition is open to interpretation, what it does establish fairly clearly is that there are no specific acts which are automatically a bar to parenting. Our surrogates are very important to us and we trust Katherine to be both competent and fair in the representation of... Child custody and relocation is the most stressful situation I've experienced as a parent. Life can be difficult, especially in a dispute over divorce, custody or other family law matters, and circumstances can hinder our ability to meet in person. Unfit parent is any parent of a child who, by reason of the parent s fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support. leg.state.nv.us/nrs/NRS-128.html#NRS128Sec105. Generally, parental fitness is addressed in juvenile or family codes. This form tells the Defendant that you have filed for custody or paternity. If a parent is a danger to the child, or if the parent puts the child in dangerous situations, then it may not be in the child's best interests to remain with that parent. This form asks for basic information about you, the other parent, and the children that you have together. Couldn't have asked for a better attorney! I have recommended Ed to other friends and have only ever received... We work with Katherine Provost and Kainen Law Group frequently for contracts and contract reviews for our surrogates. I don't wish it on anybody. There is a Serious Risk of Physical, Emotional, or Mental Injury if the Child is Returned to the Parent. Public policy generally holds that children do better when both parents are in their lives if this is possible – of course, if it is not possible, that is a matter for another day, but a court will generally begin with that assumption. This allows clients the convenience to meet with us where they are and avoid delays in receiving the counsel they need. He was a pleasure to work with. I had a great experience with Kainen Law Group. Nevada Domestic Relations Sec. A parent may be deemed unfit if they have been abusive, neglected, or failed to provide proper care for the child. His professionalism, compassionate deamor and expertise with family law helped immensly. His professionalism, compassionate deamor and expertise with family law helped immensly. This could mean several things, including substance abuse problems, abusive or cruel conduct towards the child, or willful neglect. No content on this site may be reused in any fashion without written permission from www.kainenlawgroup.com. Incarceration, for example, is not enough to establish a lack of fitness unless the offense was dangerous or potentially harmful to the child or their interests. Determining That The Parent Is Unfit 1 Observe his or her behavior. Couldn't have asked for a better attorney! The information on this website is for general information purposes only. Reviewing your state's judicial websites for self-help information can be a good starting point. As a result, we have flexible, virtual meeting options that include teleconferences or video calls. We describe what the process looks like here. Mr. Kainen is straight forward, clear on direction, and extremely knowledgeable. The Court declared unconstitutional a New York statute that authorized termination of parental rights based on a preponderance of the evidence. While terminating parental rights is considered a radical step under Nevada law, it may be a necessary one in some instances, particularly to preserve the physical and mental health of your child or children. There is an old saying...you get what you pay for and I needed the expertise, knowledge and skill set that Mr. Kainen's law firm provided. When I had to decided to file for a divorce it was a brief meeting with Edward Kainen that changed my life forever. Life can be difficult, especially in a dispute over divorce, custody or other family law matters, and circumstances can hinder our ability to meet in person. Following the CDC recommendations for reducing the transmission and spread of the disease, we will be expanding the use of this flexible meeting option to ensure that we are safeguarding our clients and staff. Nevada law says that each parent has joint legal custody and joint physical custody of the child until a court orders something different. Lee Weber. The time he took to get to... Katherine Provost is so fantastic to work with. I was using someone else and did not feel she was doing all she could or had the knowledge. Ed's knowledge of family law and advice has been a lifesaver. Following the CDC recommendations for reducing the transmission and spread of the disease, we will be expanding the use of this flexible meeting option to ensure that we are safeguarding our clients and staff. The first kind of custody, legal custody, refers to which parent is allowed to make major decisions for the child, including choices about religious instruction, schooling, and healthcare. "Unfit parent" is any parent of a child who, by reason of the parent's fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support. Whatever your reason may be, we want you to know that we are here to help and that we have personalized options to meet your needs. Terms Used In Nevada Revised Statutes > Chapter 128. I have recommended Ed to other friends and have only ever received... Neil worked out my divorce to save me time, money, and aggravation. Neil has represented me for the past several years, and has always provided me the best in service, advice and representation. 1st time he was not even my attorney. He has... Divorce is a terrible thing. And, don’t worry, it’s easy to use. When A Parent Is Unfit Nevada custody and child support laws are founded upon the principle that the parent or the court must always act in the best interests of the child or children involved. Whatever your reason may be, we want you to know that we are here to help and that we have personalized options to meet your needs. Andrew did an amazing job. NRS 128.106 Specific considerations in determining neglect by or unfitness of parent. Also, if there is abuse, neglect, … Generally speaking, an “unfit parent” is one who, by reason of that parent’s character or conduct, fails to provide a child with proper care, guidance, and support. Extremely fair and down-to-earth easy to talk with. Custody can be very stressful, but with her experience knowledge and compassion, it gave me a sense of peace and confidence that a true professional is standing alongside me. My family is forever grateful for Ed and his entire staff. They were all very professional and made the divorce process very easy for me. Maintain decisions made by parents. To register call the Parenting Project at 702 455 5295. Nevada law presumes a biological parent “neglected” his/her child if either: childwelfare.gov/pubPDFs/groundtermin.pdf. “Unfit parent” is any parent of a child who, by reason of the parent’s fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support. As an example, one parent may be very upset and believe that it is not in the best interests of a child if the other parent leaves the child alone while going out at night. Best Interests Of The Child Are Paramount. Period. Fit and Unfit Parents as Defined by Arizona Law. (Nevada Revised Statutes §128.018.) We offer virtual meeting options for our Clients - click here for more information, Complex divorce and child custody mess that was reversed thanks to Neil, Top quality, efficient, customized representation. Lawmakers in Illinois, on the other hand, say that a parent has to neglect, desert, lose interest in or abandon their child to be considered unfit. KLG offers legal services via video conferencing tools anywhere you have an internet connection, computer, or smartphone. Neil is very knowledgeable and passionate about what he does.... Ed Kainen continues to do an outstanding job representing and protecting the best interest of my family. ; Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both.Before an amendment becomes part of the measure, thelegislature must agree to it. Sometimes, this can mean that the court must make the determination that one or both parents are unfit to exercise custody or visitation rights. Although this is not the state’s preferred choice – generally, public policy is to try and keep families together – it will be done if it is found to be necessary for the best interests of the child to do so. 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