Nevada Recent Legal Answers from Lawyers

The facts are a bit unclear, but there is an interstate compact allowing authorities in one state to enforce paternity and support orders in another.  For background on how such cases work, click here.  Ignoring it is probably not a good idea; you should consult with a family law specialist who, with knowledge of the background facts, should be able to advise how you should proceed.... Read Answer

Short answer, yes (probably).  I was hired as an expert a few years ago to review exactly such a situation, and in Nevada simple error (or falsification) of data on the marriage license application may be a misdemeanor, but does not invalidate the resulting marriage.  of course, there could be other defects -- if "John" falsified his name beause he was already married to someone else, under any name, that would be a different matter.  It is uncertain what the facts are, and even whether the marriage was in Nevada (if not, the laws of the place of marriage would be the applicable ones to research).  If the marriage was here, an annulment could be sought here even if no party is a resident, as explained here.  Annulments in this state require a legal process, but do not "take forever."... Read Answer

Short answer, yes, but with limits.  The Nevada court would have jurisdiction over marital status (i.e., mrried or divorced) once one party has lived hee for 6 weeks, but if the other party remained in the prior marital domicile state (GA), then the courts here would generally not get jurisdiction over issues of property division, alimony, and perhaps child custody or support.  You should look over the article "The Basics of Family law Jurisdiction," posted here.  For more detailed advice, and to go over all alternatives, you should consult with a family law specialist.  And yes, you can file, but do NOT use some unlicensed paralegal "on line" service; they usually cause a lot more problems than they solve.  If yoiu are determined to go it alone, the self-help center forms can be found here.... Read Answer

Thre are some gaps in that narrative, but to start your review you can find "holw all this workks" by reviewing our child support page, and our interest and penalties page.  In Nevada, there is no statute of limitations for child support incurred in the modern era, so the question will be what order existed; if there wasn't one, then it is possible that only up to 4 years back support can be collected.  It would probably be best if your grandmother made an appointment with a family law specialist, bringing in for a consultation all the court orders involved; any knowledgeable family law attorney should be able to analyze the situation and advise you.  If you really wish to try all this on your own, it probably would still be a good idea to get some analysis and advice, but the self help forms can be found here.... Read Answer

Short, answer, no.  Nevada, like pretty much every State today, has "no fault divorce," which only really requires one party to file and express a belief in "incompatibility."  When people speak of "contested divorces" in the modern era, they are speaking of the terms, not as to whether a divorce will be granted.  You really should secure the advice of a family law specialist.  In the meantime, you should review multiple pages of our website, on subjects such as divorce, property division, spousal support, etc.  You can get to the website here.... Read Answer

Some parts of that question are not clear.  The thrust seems to be that you are in mid-litigation, your attorney is withdrawing, and you lack funds to hire replacement counsel. Obviously, if possible, you should borrow funds from any source availabe -- a bank loan, family or friends, whatever -- sufficient to complete the case.  If you can't or do not wish to do so, you may have some alternatives. If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read Answer

The precise facts are a bit vague, but the general rule is that each parent has the right to dictate the kids' schedules during their respective time.  If there are conflicts, either an agreement or a court order can deal with who has what rights to make which decisions for extra-curricular and other activities.  For background information, click here.  It may be a good idea to consult with a family law specialist.... Read Answer

The question is pretty vague, but if the question is whether a person who obtains a TPO can contact the person against whom the order is issued, the answer is "yes" as the orders are "one-way," although such contact is pretty good evidence, in most cases, that the order was unnecessary and could be dissolved upon request.  For some further information, see here.  You may wish to confer with a family law specialist.... Read Answer

There is not really sufficient information.  If the existing order was issued in Nevada, and you remained in Nevada, Nevada has Continuing Exclusive Jurisdiction ("CEJ") to issue further orders even if the kids have been gone for a year.  If the facts are different, or there is no underlying court order, the analysis is different; the relevant rules are explained in "The Basics of Family Law Jurisdiction" along with an easy-to-use flowchart, all posted here.  It is probably best for you to consult with a Family Law specialist who understands jurisdictional issues as quickly as possible.... Read Answer

It is impossible to determine what your quetion might be.  If you need information aboiut the div process, please look at the various pages on the relevant topics -- property division, spousal support, divorce, etc., here.  If you don't know where to begin, you should consult with a family law specialist to go over your facts, the law, your options, and get your questions answered. If you cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read Answer

The legal history leading to the current placement is not entirely clear, but the path to solving your problem seems pretty straightforward: (1) obtain a place to live; (2) get clean from any illegal drugs (telling a court "it's not heroin, it's only meth" will not get you very far); and (3) file a motion for return of your child to your home.  Without any information about the legal history it is not really possible to be more specific, but you should act quickly; if the child's placement elsewhere is longer than 6 months, other arguments could be made that could delay your reunification further. If there is any way for you to do it, you should go over your situation, and all existing orders, with a family law specialist.  If you cannot afford to hire or even consult with counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read Answer

Yes, entering into a second marriage with a marriage still existing with a still-living spouse is bigamy.  Registration elsewhere and citizenship are irrelevant.  The documentation is the marriage certificates on file, which you can order if you wish.  You do not indicate what is being litigated, or where, relating to the daughter, but the short version is that (in Nevada anyway) the questions of bigamy and child custody are entirely unrelated -- the rules and tests for custody have nothing to do with the marital status of the parents.  I cannot speak to the green card issue -- that should probably be sent to a criminal law or immigration attorney for an answer.... Read Answer

It is unclear what you are trying to accomplish.  There is no legal need to "register" a divorce elsewhere in Nevada unless/until you are attempting to do something relating to status in Nevada.  Presuming there is some reason to do so, you could register the Decree under the USFSPA if there are custody issues, or under UIFSA if there are support issues, or simply domesticate it under the old statute if there are no child-issues.  It is probably a good idea to confer with a family law specialist before doing any of those things to make sure there is a need to do anything at all.... Read Answer

You are the employer, and can hire and fire attorneys at will; the court may -- or may not -- alter already-scheduled dates based on a change of counsel, as the court balances "due process" concerns with the rights of the parties to have a timely determination made.  If you have reached the point of no return with current counsel, then confer ASAP on this specific question with all possible replacement counsel you are interviewing.  With only a week prior to mediation, you will have to move quickly.... Read Answer

Obviously, the facts are pretty convoluted -- too much so for any off-the-cuff analysis by email to be of much help.  The short answer to the question you asked is to file a motion for the appointment of either an attorney for the child or (perhaps) a Guardian ad Litem -- the roles are slightly different.  In any event, you should construct a timeline/chronology, inclusive of all changes of legal status, and residences of the child, and obviously births and deaths if relevant, etc. (a guide for how to do so is posted on our Consultations page, here), and then you need an in-depth consultation with a family law specialist, who should be given copies of all court orders to date, the timeline, and any other documents relevant to the analysis.  You should do so as soon as possible.... Read Answer

The point of the question is unclear.  Nevada's child support laws are explained here.  Acceptance of TANF benefits usually requires permitting the government to try to recoup money from the other parent that is expended for support of the child.  If you are uncertain of your rights and responsibilities, as to either custody or support, you should consult with a family law specialist.... Read Answer

If the facts are as they may be, "yes."  Child support may be modified (per what are sometimes called "deviation factors") for a number of reasons, one of which is "The cost of transportation of the child to and from visitation if the custodial parent moved with the child from the jurisdiction of the court which ordered the support and the noncustodial parent remained."  For a much more in-depth explanation of Nevada child support, click here.  if you have specific questions about your particular situation and court order, you should consult a family law specialist.... Read Answer

Maybe.  The first question is what your existing Decree/order states about modifiability of support.  There is case law talking about cohabitation and alimony modifications; you should read the information posted here, and the outlines and articles How Cohabitation Affects Divorce Settlements (Teleclass with Carol Ann Wilson, CFP), posted here, and Cohabitation and Alimony Payments: Understand the Laws in Nevada, posted here.  For a more particular analysis of your exact facts and legal options, call and set up a consultation appointment to go over all of your options, at this office or with another family law specialist of your choice who you believe to be highly educated on these issues.  ... Read Answer

The facts are pretty unclear, and it is not even clear who was or is paying what to whom (child support? alimony? other?) or who is where (a Nevada decree?  the parties are all still in Nevada?  other?)  Time is not your friend -- generally modifications are not retroactive, so you should act quickly, but loss of a good-paying job is probably a "change of cirumstances" for modification of exsting orders.  You should consult a family law specialist as soon as possible. If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read Answer

Your facts are unclear (what was sold?  how is is "your" moneny and not his?  what do you mean "took away part"?  etc.)  It is not even clear where you are, where the controlling order was entered, or your procedural status (together?  separated? divorcing?).  Your legal status should be completely irrelevant to the outcome, but you are going to need to confer with a family law specialist, and answer the above (and probably a lot of other) questions to get any meaningful guidance.... Read Answer

It is not possible that you and your ex "both have sole and physical custody."  Presumably, you meant, "joint legal and physical custody."  If so, the standard provisions that should be in your decree state that neither parent can make unilateral changes to schools, doctors, etc., without agreement of both parents.  If the parents do not agree, the court can resolve the immediate dispute, or can give one parent or the other deision-making authority over that issue (this was one of the holdings of the Rivero case in 2009).  For information about legal and physical custody, a copy of the case, and a lot of other information, click here.  If you have an ongoing conflict, you should consult with a family law specialist.... Read Answer

It is uncertain what, precisely, you are trying to accomplish and how you believe a change in legal status would assist in that effort, so it might be a good idea to consult with a legal adviser -- you may have access through your school (there used to be such programs at both CCCC and UNLV, and some high schools have legal consultation programs).  If nothing else, free short consultations are offered every Thursday afternoon at the Family Court.  For an explanation of the legal process, consider consulting the self-help center explanation and guidance regarding forms, which you can view here.  If that does not answer your questions, the statutes are on line, and you should consider consulting with a family law specialist.... Read Answer

It is extremely difficult to tell what is actually going on from your description, or even tell who is shom in that story.  You might want to refer to our child custody page (just click the link), but you propobably need to actually meet with and consult a family law specialist.  If you really cannot afford counsel, the local Pro Bono provider is the Legal Aid Center of Southern Nevada, which can be called at 702-386-1070 (or see their information on the web at http://www.lacsn.org/option,com_jcalpro/Itemid,3/extmode,view/extid,15/).  Those that take pro bono cases take them after they have been screened, and assigned, by Legal Aid.  The Reduced Fee Panel sponsored by the State Bar can be reached at 702-382-2200.  Additionally, there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.... Read Answer