Nevada Recent Legal Answers from Lawyers

In your case, you need a credible joint sponsor of sizable income and/or assets unless your father is of working age and has a history of good employment. In the latter case, the person doing joint support does not require such a  a large amount of income/assets. You can either put down $0 if you made no money in 2018, or an estimate of your current income with proof of the amount. Your father will basically be relying on the joint sponsor for the financial support. It should be a close friend or relative, and it might help to have your joint sponsor give a statement that he or she recognizes the obligations of support and the reasons for which he or she would assume the obligation. 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

This question cannot be reliably answered without refernce to the actual words of the underlying custody order.  Normally, there is some kind of language (usually in the legal custody provisions) about travel and relocation.  If your decree is too vague, or you think its provisions are being abused, your fix is to re-mediate, or if necessary file a motion, to alter the langauge to more precisely mirror what you think are reasonable limits, and accommodations.  If youi are not sure, you should consult with a family law specialist, bringing copies of all relevant court orders, and a list of your concerns and intended results.... Read More

I simply can't tell what the facts actually are, or what you are actually asking.  I suggest that you consult with a family law expert, rather than trying to get answers through email.  You should construct a timeline, putting all the events you reference into date order, and bring copies of any resulting court orders.  A guide for how to create a timeline is posted on our consultations page, here.  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

It is unclear from your question whether the planned trip is, or is not, within the guidelines set out in your parenting plan/decree.  Also unknown is whether there are any restrictions in those documents against the kind of trip in question.  Normally, vacations and holidays supersed the normal custodial schedule.  Assuming that it is within the guidelines and not prohibited, then yes, the other parent has the right to make the trip.  That said, if you have some actual concern as to some realistic danger of harm (and something more than an amorphous "too young" would probably be required), then you can always try to negotiate the matter and, if unsuccessful, file a motion to have your concerns heard by the court.  The relevant statutes and guidelines for modifying orders relating to child custody are posted here.... Read More

Most of the questions you ask are explained on the "Preliminary Matters and Motions" page of our website, which is posted here.  It is sometimes possible to hire counsel on a "staged" retainer -- meaning a minimal initial payment, with the first course of action being going to court to get adequate funds from the other side to be able to afford counsel and deal with the divorce case.  I suggest you review the substantive pages of the web site, which may well provide valuable information about property division, child custody and child support, alimony, etc.  As soon as possible, you should consult with an attorney. 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

Illegal?  No, at least as to the revealed facts.  However, the court that entered the support order for the one man -- and the one that entered the child support agency collection, if that is the other man, would each be interested in the fact of collections from the other, which could/should lead to reduction or elimination of one or the other orders.  See child support information posted here.... Read More

Some of the details are a bit unclear; it is not at all clear what you mean by reference to "third party payments."  While it is possible to freeze the spousal share, the default provision of our usual retirement orders (through our QDROMasters order drafting division; see https://qdromasters.com/) is to have the spousal share increase or decrease in accordance with dividends, gains and losses until date of segregation of accounts. As to your question, there is no specific time unless the court set one, although 2 1/2 years seems outrageous on any standard.  If the attorneys involved do not understand pension division and QDRO drafting, your best bet is to get a second opinion from experts in pension division orders, at QDROMasters or another highly qualified source if you have one.... Read More

Your options are limited.  Forcibly detaining your wife yourself could lead to criminal charges against you.  If you think her mental health is in question, call Metro and find out whether her behavior merits a mental health evaulation and hold (sometimes called a "legal 2000"); see explanation here.  Otherwise, you could seek a legal separation or divorce, or if you do not wish to end the marriage and believe that your wife is in need of a guardian, seek one -- see here.  You may want to consult with an attorney regarding any of these options.... Read More

Although it may be possible under different sets of circumstances for individuals to change status from B-2 to a working visa status, there would not appear to be a temporary visa status that you could apply for as a caregiver in home care. The nature of such a position is not highly skilled enough for H-1B and not of such a short-term nature as to qualify for H-2B visa status. If this is home care for a child instead of an elderly or sick person, you would likely not qualify for the J-1 exchange visitor program as that is for young adults.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

As explained on our "property Rights and Division" page here, in Nevada, premarital property is defined as separate property -- normally, only property accrued during the marriage is at issue in either a divorce or an annulment, and there are some distinctions between those two legal processes as to how property and other claims are assessed, as explained here and here. As explained in detail on those pages, there is no specific time within which an annulment is allowed, but there are grounds to satisfy.  You should have your son look at the posted materials, and then he should consult with a family law specialist to go over all of his options, costs, risks and benefits, probably as soon as possible.... Read More

There are various specialty Bar associations in Nevada, including the Family Law Section, but no known"Turkish" bar associations in town.  You could get a copy of the legal directory and look for a "Turkish name," but it is unclear what you are seeking, really; if what you want is a lawyer well-versed in international family law, you would be better served by looking at the biographies of the few lawyers in town who are members of the International Academy of Family Lawyers (you can look that organization up on the web).  If something else, find a family law specialist and ask for a referral.... Read More

That depends on what your belief is, and what your objectives are.  Either party can file a parentage action at any time which will quite promptly result in an order for a paternity test, as discussed here.  If she files for child support through the D.A. and you protest for non-parentage, they too will order paternity testing.  You probably should review the posted materials here on child custody, visitation and support, as well as paternity.  If you wish to check out the self-help forms, look here.  Your best bet is to consult with a family law specialist to go over all of your rights, obligations, and options.... Read More

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

There is no statute on the point, and very little in the case law.  This generally straddles the line between physical and legal custody (the differences are discussed here), so your first stop is your existing court order to see what, if anything, it says on the matter.  If it is silent, vague, or confusing, you could get a clarifying order in place.  Before doing that, consider direct negotiation (pretty much required under the rules anyway), or mediation to clarify your parenting plan.  If any of these steps seem daunting, you should probably consult with a family law specialist before taking any of those steps, to review your existing order and suggest viable alternatives.... Read More

Short version: no.  Until (and unless) a child is born, the custodial sections of the UCCJEA do not not apply to "custody" decisions.  For details, click here.  You COULD initiate a paternity action which also will get stayed until the child is born (details here), but Nevada would retain jurisdiction over that determination, if not the subsequent custody action post birth.  Nevada could also adjudicate support issues.  For explanations of all of this, see the article "The Basics of Family Law Jurisdiction," posted here.  Really, you should consult with a family law specialist about the full range of your options, risks, benefits, and obligations.... Read More

Probably most-straight-forward wouild be to call the TPO office.  THe "Family Violence Interention Program" number is 702-455-3400; the "After Hours Protection Hotline" number is 702-646-4981.  There are more issues involved in TPOs relating to persons not within the jurisdiction of the court than can be adequately addressed by this email, and it is possible that it is something else -- you might want to call the Clerk of the Court -- 702-455-2591, and ask if any actions have been filed with you as a party.... Read More

Unless your contract provides for repossession without need of a judgment, you can't take back the car until and unless you prove your case in court, and even then you may be limited to collecting monetary damages.  You say the  buyers breached the contract.  The buyers will no doubt tell a different story.  A court will have to decide when you sue them.... Read More

While it is late now, it would have been possible to transfer ownership to the actual owners (i.e., you and your ex) while the loan stayed in the mom's name.  Hopefully, there is a clear paper trail showing whose money went where.  The actual numbers and evidence make a difference, and it may be possible to have a court force a re-titling, or a "partition" to get your money back out of the house.  You really need a consultation with a family law/real estate attorney to go over all of the facts and numbers, and figure out how to either negotiate, or litigate, a way of getting your money back.  Time is not your friend, however, so do not put this off.... Read More

Short answer: no.  Statutory and case law make it clear that to establish Nevada residence in the first instance, you must actually live here, intending to make Nevada your home, for at least 6 weeks.  Details are here and in the article "Divorcing the Military," in the section titled "Federal Jurisdiction," posted here.  That said, it is unclear what exactly you are trying to accomplish, or why, and there may be another way of doing so.  You should call this office, or that of another family law specialist well versed in military and jurisdictional matters, explain your actual aim, and see if the attorneys can help you achieve it.... Read More

As to the existing child, the parents have joint legal and physical custody as a matter of law, and relocation out of state without the consent of the other parent, or a court order, could lead to a loss of custody.  Details as to both custody law, and relocation law, are posted here.  Until the next child is born, the mother has no obligations regarding place of residence, and no court can make custody orders, although a paternity action could be initiated now.  The father should, however, schedule a consultation with a family law specialist to go over all of his rights, obligations, options, risks, and benefits.... Read More

This is a very common scenario.  If your existing court orders (if any) say anything about that property, you should follow that order.  If not, the usual method of dealing with this recommended by lawyers is to provide written notice of a given time within which he must contact you to arrange a specific time for pick up (say, within the next ten or 14 days) and that if it is not picked up it will be put into storage.  Then, if not picked up, pay one month's rent on a storage unit, have it all put there, give instructions to allow your ex access if he shows, and give written notice to the ex of where it is, how long the rental is paid for, and that if he does not pick it up it will be given away or destroyed by the storage unit.  Then it is no longer your problem.... Read More

In the absence of a court order, the two of you have joint legal and physical custody of the children -- including the right to determine who associates with them.  The only way to change that reality is to file an action -- at least for custody, perhaps for divorce -- and ask for orders as you feel necessary.  Obviously, there are more facts involved, and you should schedule a full consultationw with this office or other family law specialists.  In the meantime, you should review the information posted here, which will tell you what is, and is not, relevant to a custody determination.... Read More