Nevada Recent Legal Answers from Lawyers

The short answer is "yes, it is possible."  Since the 2009 Rivero decision, which is explained and linked here, courts can independently allocate legal and physical custodial rights, and can even fine-tune legal custody to one parent in specific areas, such as helath care or education.  It is unusual, however, to see a parent "experiencing struggles" such that his or her decision-making capability is questioned, but not his or her ability to properly parent a child physically.  But, of course, every case is different.  It would almost certainly be best, before doing anything, to consult with a family law specialist.... Read More

Your investment in a corporation (you mention the largest shareholder, so I'm assuming the "company" is a corporation) is separate from your employment by that corporation.  Absent a contract which limits the reasons for which you can be fired, you can be terminated from your employment for almost any reason.  Termination of employment, however, would not divest your 18% ownership stake in the corporation (again unless there is a contract providing otherwise), and you would still have the shareholder rights you had before you were fired, for example to a pro rata share of dividends.  Nor are you entitled to get your investment refunded because you are no longer employed by the company (again unless there is a contract providing otherwise).  An investment is not a loan; there is no guarantee that you will ever get it back, you just hope the corporation does well so that the value of your stock goes up, and so you can receive dividends.... Read More

These maters are always "complicated," which is why no email response is ever quite adequate, and the questions are never "simple."  In short, per the U.S. Supreme Court, fit parents have the right to determine with whom their children associate -- including grandparents.  That said, there is a satute relating to grandparental visitation, with its own restrictions and rules, which is explained to some extent here.  For a better explanation of the circumstances, risks, and options in your particular case, yoiu should seek a consultation appointment with a qualified family law specialist to go over all of your specific facts.... Read More

The answer to your question is to file a motion in the guardianship case to terminate the guardianship since you are ready to resume your role as a parent to your child.  But these cases are extremely fact specific, and it would be inappropriate to try to be any more precise by email -- you need a full consultation with a qualified family law specialist well-versed in guardianship law.  In the meantime, you can review information on the subject here.  Considder, if money is at issue, going to one of the free brief consultations available in both Clark Couinty and Washoe County thorough legal aid.... Read More

I would like to discuss your case with you for possible contingency fee representation. Florida counsel would be necessary as the contract was with a Florida moving company and presumably signed by the parties here in Florida.  First, I would contact the police Department. This may fall under the jurisdiction of the FBI, (as opposed to the local police)  because it involves crimes that are across state lines, so that would be a good starting plcae-Call your local FBI field office in Vegas to have them investigate potential crimes.  Second, gather up all the paperwork and photos of the lost items to prove what was lost in the move-and gather up any and all insurance policies, taken out with the moving company and any polices you purchased on the lost items through another company. There may be several insurance policies that could pay.  Third, do not delay in filing a claim with the moving company for the lost goods. You have a certain amount of time to do this. Dont delay.  Fourth, retain counsel on contingency fee to review all the insurance policies that are relevant to the reimbursement of the lost items so that counsel can take steps to negotiate a potential recovery/settlement for the lost goods. ... Read More

The story and history are much too convoluted to be adequately responded to in an email.  As to the videos, try a letter to the lawyer requesting them (fiture note -- never send your only copy of anything to anyone); if that fails, consider calling/writing the State bar of Nevada, as your file belongs to you and you have the right to its contents.  Going forard, 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 More

I do not understand as a petition which is rejected is rejected almost automatically, and the petitioner is free to refile almost immediately (in your father's case with a new form). That being said, there is no special visa that would allow your sibling to enter the US and live with you and your sister because of his health reasons. I note that the Trump administration has even taken steps to deny deferred action relief to those seeking to stay for strong medical reasons, and was only forced to temporarily step back by strong adverse publicity. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Whether your mother can come back may depend upon how many years she has been back to Mexico. If she went back at any time after being illegally in the U.S. 1 year or more after April 1, 1997, she incurred a 10 year bar against returning to the US. In that situation, if the 10 years have already passed, then she is eligible to return once your petition for her is approved and she goes through consular processing as long as she has no other bars, e.g. crimes or fraud. If 10 years have not passed, she would not be able to return unless she is able to obtain a waiver based on extreme hardship to a US citizen or permanent resident parent or spouse. You cannot be a qualifying relative for the waiver. Another problem that she has is that you are contemplating petitioning for her as an immediate relative which would allow her to immigrate, but not your baby brothers. She would have to immigrate first, and then petition for your 2 brothers separately. Fortunately the F-2A category for unmarried children under the age of 21 of lawful permanent residents is fairly quick these days, but the processing would still be about 2 years.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Your question is not a family law question, but is a "torts" question and appears to be in the sub-specialty of "1983" actions: "The Civil Rights Act of 1871 is a federal statute, numbered 42 U.S.C. § 1983, that allows people to sue the government for civil rights violations. It applies when someone acting “under color of” state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes." I suggest that you start your search for consultation/representation by calling tort lawyers (you can start with the ones that adevertise for auto crashes, etc.), and ask for referrals for attorneys who specialize in bringing false imprisonment/1983 cases; I thin you will eventually end up talking to a specialist who can more completely advise you as to your rights and options.... Read More

Short version:  "no."  Existing law says that, if anything, additional children would be a deviation factor for increasing support to a parent, not decreasing it.  However, entirely new laws (regulations) are set to go into effect by October and it is unknown, today, how multiple-children issues will be addressed in those regulations.  You should review them after they become effective to see if they alter your situation.... Read More

The law on this subject has changed; it is not "county" oriented at this time, but the rule for joint custody cases states:           NRS 125C.0065  Consent required from non-relocating parent to relocate child when joint physical custody established; petition for primary physical custody; attorney’s fees and costs.         1.  If joint physical custody has been established pursuant to an order, judgment or decree of a court and one parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the relocating parent desires to take the child with him or her, the relocating parent shall, before relocating:         (a) Attempt to obtain the written consent of the non-relocating parent to relocate with the child; and         (b) If the non-relocating parent refuses to give that consent, petition the court for primary physical custody for the purpose of relocating.         2.  The court may award reasonable attorney’s fees and costs to the relocating parent if the court finds that the non-relocating parent refused to consent to the relocating parent’s relocation with the child:         (a) Without having reasonable grounds for such refusal; or         (b) For the purpose of harassing the relocating parent.         3.  A parent who relocates with a child pursuant to this section before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child is subject to the provisions of NRS 200.359.   For further information,see the materisls and explanation posted here.... Read More

Short answer: "no."  Current law says that you need either written consent of the other parent or court order permitting relocation, and that not getting either could lead to adverse orders up to and including a loss of custody of the kids.  Further details are posted here. You should consider a TPO, and it is possible to request a court order that adds protections, but if he has any relationship with the kids, and has no proof of being a danger to them, the court will want to preserve that relationship.  If not, consider a termination of parental rights case, which would result in you having no obligation to reveal anything about your and the kids location -- but would also mean no future child support.  Details of all those things are posted on the same website.  You have a lot of issues to consider, and might benefit from a full consultation with a family law specialist to go over all your potential options.... Read More

While I'm not familiar with that particular website, most of the pay sites for forms are of low quality and dubious value.  Be aware that"quick and inexpensive" can sometimes cost you a lot -- the point is often not so much what a person does "wrong" as not knowing what or how to deal with at all (for example, addressing accrued retirement benefits).  You might want to consider at least consulting with a family law specialist to make sure you are not missing something that coiuld cause you grief years from now.  Still, for those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.familylawselfhelpcenter.org/.  And they are free, and approved for use by the family court judges.... Read More

Theoretically, any person subpoenaed to court can be found in contempt and a warrant issued if that person does not show up.  In the real world, if a critical witness is missing at the time of a criminal trial, the defense typically moves to dismiss the case entirely, since the prosecution cannot prove its case without the witness.... Read More

You can "plead the fifth" if you believe your anwers may serve to incriminate you; that is because the fifth amendment prohibits compelling a person to testify against himself or herself.  If you are trying to not testify against someone else (your spouse) your inquiry is about the "marital privilege" and should be directed to a criminal law attorney.... Read More

Absolutely!  The process can be lengthy and it is vital that you have all of her medical documentation in order when you begin the process.     Feel free to reach out to our office at 855-254-7841.   Sincerely,   Attorney Scott F. Bocchio President Legal Rights Advocates www.yourlegalrightsadvocates.com  ... Read More

There is a single case in Nevada (Metz) dealing with the issue of SD and SSI benefits.  It says: Parents have duty to support their children, citing NRS 125B.020.  The child support statute authorizes a district court to determine a parent’s support obligation based on "gross monthly income," which could include both SSI and SSD benefits, per NRS 125B.070.However, a federal statute may preempt a state statute when they conflict.  The Court framed the issue of whether federal law exempted SSI and/or SSD from being considered as gross monthly income under the child support statute.  The Court distinguished between SSI and SSD.SSI is a welfare program designed to assure that the recipient’s income is maintained at a level viewed by Congress as the minimum necessary for the subsistence.  SSI is intended to supplement a recipient’s income, not substitute lost income because of a disability.  SSD is a disability insurance program that provides benefits for disabled workers and is available based on an employee paying into the social security system during employment.  SSI does not have that requirement.  SSD is intended to replace lost income when an employee is unable to work after becoming disabled.The Court concluded that gross monthly income is no longer limited to income from employment and that both SSI and SSD qualify as a source of a parent’s gross monthly income under NRS 125B.070.  However, the federal exemption for SSI benefits also preempted Nevada law; it may not be considered for calculating child support.  Because Congress had consented to income withholding, garnishment, and similar proceedings for child and spousal support enforcement for SSD, those benefits may be used to satisfy a child support order, and these benefits may be included in a parent’s gross income in determining child support. .................................. What is "available" for child support is also available for alimony.  So yes, you can make an alimony claim based on the difference of total income available to each of you; it is still a discretionary call with the court whether or not to grant that request.  You should, if possible, consult with a family law specialist well versed in this area.    ... Read More