Restoration of Parental Rights

Jurisdiction
Nevada
Good Morning - The case involves my husband and stepson. I

n September 2015 my husband filed for more time with his son as at the time it was 80/20. This set into motion - awful things. He was accused of hurting his son, which both CPS and the police cleared him of but the courts gave my stepson's mother, the right to refuse in-person visitation but had to allow phone and letter contact.

At this point, we told the courts she had not given an address of residency as the court order stated and was using her boyfriend's body shop as her address.

Fast forward to March 2016, my husband tried numerous times to contact his ex-wife to notify her we were moving to Texas. With no luck, we left a letter with my husband's parents and moved. Over the next several months he text her - he finally gave up as we thought she had changed her number.

In April 2016 my husband received a letter from his ex-wife with her intent to move to Nevada with their son. No forwarding address, just a letter that simply said, I am moving to City Name, Nevada in July 2016 and then signed it. He once again attempted to text her and received no reply. We searched online for her but couldn't find anything. The last text sent by my husband was in September 2016 requesting to speak to his son.

Then in December 2016 - I was able to find her address using whitepages.com. We sent a letter with some pictures to my stepson and a Christmas card and gift. My husband received a VERY nasty and angry text (same number) stating how he had no right to contact his son. She then began texting ugly things and accusing my husband of abandoning his son. We sent several other things over the months but ALL were returned to sender.

We spoke about getting a lawyer and so I got on the court's website to make sure we had all the court orders and submissions to give to any potential lawyer. I found a filing dated the middle of December 2016 to have his rights terminated in California. We NEVER received this via mail or server. A court date was set for March 2017. He asked her about this and she went on how it was her right. The following week I got on again and she had petitioned the courts to have it withdrawn. Again, he was not mailed a copy or served. On the petition in California, she said she had no contact with my husband but on the petition later filed in Nevada, she said she had received several messages from him.

In January 2017, he was served with papers from Nevada - she had filed to terminate his rights based on abandonment. However, the case had not been released by California. We appeared by phone for the first hearing and our lawyer asked why the case had not been moved and why she had not filed in her own county. Over the next several months, the case was moved to Nevada and we went to court in October 2017.

The judge ruled against my husband citing he had not made an effort to be in his son's life, withholding the last couple of months. How does this even happen? I do know that in Nevada we have to wait until my stepson is 14 but we do not know if he was adopted by his mother's boyfriend as they are married now. She did change his name to her boyfriend's name but that was before they were married.

Can anyone point me in the right direction as the last five years have been full of heartbreak and disbelief?
 
Last edited by a moderator:
I edited your post to create paragraphs.

Your husband should have appealed the judge's decision in 2017. Too late for that now.

He will have to file a new petition now. He should be talking to an attorney in Nevada where the son resides.

How old is the son now?
 
Please have your husband log on to ask his own questions about his own legal matter. Thank you.

EDIT: To be clear, I am making the request above not because I don't want to deal with step-mom on this, but because I think that, after ~6 years, it's time for dad to step up and put some of his own energy into making contact with his son.
 
Please have your husband log on to ask his own questions about his own legal matter. Thank you.

EDIT: To be clear, I am making the request above not because I don't want to deal with step-mom on this, but because I think that, after ~6 years, it's time for dad to step up and put some of his own energy into making contact with his son.
First, thank you for your concern. He has tried to make contact and was threatened with a restraining order. As for him posting his own thing - how does this concern you? You don't know us ...
 
I edited your post to create paragraphs.

Your husband should have appealed the judge's decision in 2017. Too late for that now.

He will have to file a new petition now. He should be talking to an attorney in Nevada where the son resides.

How old is the son now?
We tried to appeal, but our lawyer at the time said it was fruitless. Sadly at the time we were so broken we didn't realize how awful that advice was. He is 11.
 
First, thank you for your concern. He has tried to make contact and was threatened with a restraining order. As for him posting his own thing - how does this concern you? You don't know us ...
You are correct that I don't know you (plural). With that said, the simple fact is that YOU (singular) have no legal part to play in this legal matter. There is no "we", there is no "our lawyer", etc. I know that you'll take umbrage with this simple legal fact and I won't continue on this path any more except to say...poor kid.
 
You are correct that I don't know you (plural). With that said, the simple fact is that YOU (singular) have no legal part to play in this legal matter. There is no "we", there is no "our lawyer", etc. I know that you'll take umbrage with this simple legal fact and I won't continue on this path anymore except to say...poor kid.
I asked the question because it DOES matter. You are absolutely correct, in the big picture, I am nothing. Yet the simple fact is rather I matter or not - it matters to me. I took my kids, including my stepdaughter at the time out of a house that was filled with abuse, it DOES matter to me because in my life, in my world, he isn't just my stepson, he is part of my life and I love him. I asked because WE need avenues to pursue.
 
First, thank you for your concern. He has tried to make contact and was threatened with a restraining order. As for him posting his own thing - how does this concern you? You don't know us ...

Because you legally can't do anything about this matter. Stepparents don't have rights to stepkids. That's just facts. So he has to be the one talking to lawyers or asking for advice. It's just easier than if some third party (which you are a third party). Also no your husband didn't really try to find or contact his son. You literally said he gave up. Also "threatened" with a restraining order - how? Was there one filed? Doesn't seem like it so yet again he gave up over some empty threat. It doesn't seem like he tried too hard at all actually.

I was a stepmom - and when I was married to my ex his first ex wife was in contempt at a point saying no visitation if she didn't get child support. I told him to take her to court, he said it was easier if I just gave her money (since I was the sole provider for everything and he never worked). I even talked to a lawyer for him - and even the lawyer said he had to talk to my then husband. That's the most I ever did - I knew my lane. I stayed in it. I still care about my ex's kids even if I'm not their stepmom anymore, I get that part but you have to realize that you aren't involved legally. Stepparents like you can make things worse. Just scroll through this forum you'll see.
 
Normally, termination of parental rights is done in pursuit of a stepparent adoption. Did the stepdad adopt the child?
 
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