Legal Question in Family Law in Nevada
appeal or write of prohibition or judge legal?
NV - prior court signed stipulated agreement by parties (before the evidentiary hearing) in 2006 who agreed to limited restricted third-party visitation with provision to normalize visits.
2009 - parents requested court terminate visitations -arguing ''unfettered rights'' (Troxel). Court's decision ''grandparent'' (me) had not met the requisite legal standard to continue visitation. Had not evidentiary hearing (subsections (4)-(6) of NRS125C.050) and court gave deference to parent's decision. Troxel - case = parent's rebuttable presumptive decision (is starting point) for analysis -- How can judge not let me ''have my day in court'' to rebut, etc. like the statute reads? If he CAN, then--name removed-- will I lose my appeal because judge is immune from statute and b) why should--name removed--granparent file--name removed--petition if judge does not have to follow rules? (appeal is expensive and takes--name removed--long time) --- WHAT HAPPENED? (honest question)
2 Answers from Attorneys
Re: appeal or write of prohibition or judge legal?
A lot of judges do what they want, irrespective of the law, especially, if they think that you don't have the money to appeal. Further, judges have very little respect for people who represent themselves.
How long ago was the written order denying your request was mailed to you? 10 days from the sending of the order to reconsider, might be the way to go, otherwise, you will have to appeal, which must be done within 30 days from the sending of the order.
Re: appeal or write of prohibition or judge legal?
Without looking at the pleadings I would guessing as to what happened. You might want to contact an attorney to look at the pleadings and court minutes to see if there is any explanation as to why the court reversed the previous Stipulation and Order.
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