Nevada Recent Legal Answers from Lawyers

While judges differ in their responses to positive drug test results, and much depends on the history of the case and prior orders entered, a common response would be mandatory testing for some time going forward and a warning that continued illegal drug use could constitute grounds for a loss of custody.  If a report is made to Child Protective Services, and the mother's drug use is found to constitute a basis for finding abuse or neglect of the other child, that child could be removed from the home as well.... Read More

Your court order should have specific language in it regarding school choice (usually in the "legal custody" section).  Either way, no, he has no authority to unilaterally select, or de-select, a school.  First, see the information regarding custody posted here.  What you really need is a detailed consultation with a family law specialist, in this firm or some other.... Read More

Your question does not really make ense on the facts as stated, unless there is more to the story.  As of the age of 18, "emancipation" is automatic.  That only changes if someone is found to be in need of a guardianship for some reason, in which case the mental, physical, and emotional history of everyone involved becomes relevant.  Presuming this is taking place in Nevada, you can review the rules for guardianships here.  Beyond that, you really should consult wih a family law specialist, who should be able to explain to you all of your options and possible courses of action.... Read More

From that description, it is hard to see what is going on (or had been) or why.  While it does not sound precisely correct, that may have been his perception of perhaps interconnected legal events if, for example, there was a child abuse claim, a criminal prosecution, and a termination of parental rights case. If you know where everyone in question was located at the relevant time, a family law lawyer in that area might be able to do a search of court records (possibly online) to see if such a terminaiton was filed.... Read More

There is not enough information here to answer the question, but as a general matter, if there has never been a custody order, the parents of a child are presumed to have joint physical and legal custody until a court states otherwise.  Some information and background is posted here, but your parents -- probably both of them -- might be well served by consulting with a qualified family law specialist before attempting any form of "self-help."... Read More

Well, "transfer" is not really how such things work. You don't supply enough information to do an analysis of what jurisdiction was or is the proper one to hear the action, or even what kind of action it is.  You should probably look at "The Basics of Family Law Jurisdiction" which is posted here.  If it does not answer your questions, feel free to call to ask any follow-up questions you might have as to your options.... Read More

Some parts of your narrative do not seem quite right.  For example, it makes no difference whether he wants a divorce; the choice is entirely up to either party, and if you want to divorce, the court will grant it as a matter of right, as explained in the link here. You are entitled to your half of the property (or its value).  If he wants to keep the house, he will be required, ultimately, to refinance so as to buy you out, and if he refuses to do so, the court should ultimately require its sale.  See the information posted here. You mention two lawyers -- all of the above information should have already been explained to you.  If you still have not received adequate information and advice, first review the other substantive pages on the web site linked above, as to preliminary motions, and as to spousal support and alimony, especially.  Then consider a further consultation with this office, or some other family law specialist in Nevada -- it can be done by phone or skype if you do not plan to return here at any time from Illinois.  Either way, get solid information, soon, and then make a plan for moving forward with your life... Read More

This is longer, and more technical, than can be effectively addressed by email.  As you have perceived, it is extremely dangerous to get involved in substantial real estate (or other monetary deals) with someone married to someone else.  You do not reveal enough about their legal relationship (in mid-divorce proceedings?  Estranged only?  Any paperwork or agreements?) to be certain, but yes, as a precondition to sinking money into such a deal, you should insist on there being a property settlement or equivalent agreement between your boyfriend and his spouse to insulate you from potential claims in their divorce.  It is more complex than can be covered here; you should consult with a qualified family law specialist.  You do not indicate if or why he has not already done such things with his existing spouse, but if he has not, that should be a huge red flag to you.... Read More

To answer your question, it is not a defene to a criminal charge that the victim was impaired.  Self-defense is another matter.  If you wish to recant whatever allegations you made while effectively unconscious due to the substance you had ingested, you can, which may or may not be considered by the prosecutor. Your boyfriend should consult with qualified criminal defense counsel.  And you should consider a course of counseling with someone experienced in drug and alcohol dependency, for his sake and your own, before something irreversible happens during one of those blackouts.... Read More

Short answer: "no."  But you should closely read the "legal custody" provision of your decree -- such provisions commonly set out requirements for extended travel, such as providing advance itineraries, etc.  If you are not sure, or you think you would be well served by modifying your decree to be more explicit on such matters, you should schedule a consultation appointment with a family law specialist.... Read More

You do not actually ask a substantive question.  For background materials, including a great deal of information about how alimony works, and should work, and analyses that might be helpful, click here.  For any better guidance, you should schedule a consultation with a family law specialist well-versed in alimony law and policy, and ask specific questions; it could make quite a difference in outcomes to you.... Read More

Short answer "no."  Spouses are required to provide basic necessities for one another, and even the threat of not doing so sounds like spousal abuse.  Consider whether this is how you actually want to live; if necessary, short-term relief might be possible through a temporary protective order, information about that is linked here.  Or, consider whether this situation will lead to divorce, as linked here.  Consider a full consultation with a family law specialist.  Good luck.... Read More

Based on what you say, you probobally have a decent case. If it was a minor infraction of the rules that caused your firing and you can show that others who have had similar infractions were not discharged, then your case appears to have merit based on age discrimiantion. Retain counsel in Nevada for representation. ... Read More

Maybe.  As the child lived in your home, you probably have adequate "standing" to request custody, but it's an uphill fight since there is a "parental preference" which might make you have to prove the mother unfit to actually win a custody fight.  Review the information posted here.  Also be aware that there is a Commission now working to suggest what could be large changes to the custody statutes; they should be done in a few months, before the next legislature convenes.  Really, what you need is a thorough consultation with a qualified family law specialist, going over the facts, and your options, in detail.... Read More

If the D.A. or other prosecutor has subpoenaed you to court, then refusing to show up could cause a warrant to issue for your arrest.  Whether that is likely in your case should be asked of a qualified criminal defense attorney.  The Fifth Amendment gives a privilege against SELF incrimination, allowing you to refuse to anser if the answer could incriminate you; from what is provided, it is hard to see how it applies, but you should confier with criminal defense counsel. Another privilege might apply, however.  Under NRS 49.295, a spousal privilege attaches, under which, generally, neither a husband nor a wife may be examined without that person’s consent in any prosecution or civil suit against the other, and neither may be examined during the marriage or thereafter, as to any communication by one to the other during the marriage, without the consent of the other.  In other words, the “refusing to testify” privilege belongs to the spouse called to the stand, to invoke or not, and the confidential communication privilege belongs to the other spouse. Again, you should speak with qualified criminal defense counsel.... Read More

Your facts are a bit unclear.  Presuming the house is jointly titled (or in his name) now, the Joint Petition, AND the Decree, should clearly identify the property in quetion and recite on the face of the documents that it is to be your sole and separate property.  Then make sure yoiu get a deed (Grant, Bargain, and Sale, or at least Quit Claim) that he signs, clearly signing over the proeprty to you -- and do it promptly; last year the Nevada Supreme Court said that if you wait too long to do the paperwork, property transfers are abandoned under the statute of frauds. You can do all this by joint petition, and at a bare minimum you should review the rules for how property and alimony work in Nevada, which you can review here and here.  Other information is posted at the self-help center, which youi can reach here.  But your best bet would be a consultation with a qualified family law specialist to lmake sure you are aware of all of your rights, obligations, options, risks, and benefits.... Read More

Your question is a bit unclear -- there is a difference between the statute of limitations in civil court (one person suing another for battery), which is two years, and the possible criminal prosecution by the State against the person accused, which could be one, two, or three years depending on some facts that were not revealed in your question.  And "in self defense" and "on accident" are pretty much contradictory positions.  If the alleged victim is non-cooperative, the State may decide to drop the case, but if it looks like charges are even possible, the best bet for the potential defendant is a consultation -- immediately -- with qualified criminal defense counsel.... Read More

No family law internet posting is going to be adequate to assist you.  Step one: get clean.  Step two: find a family law specialist well versed in dealing with CPS cases -- there are many such in Nevada, and schedule a detailed consultation going over your full history and what proceedings are likely to occur next.... Read More

Can you ask?  Sure.  Is that sufficient?  Maybe.  It depends on all the rest of the facts of the case, and the history of what has gone on so far.  For a list of the statutory factors the judge must consider when deciding such a motion, see the discussion, statutes, and other materials posted here.... Read More

Youir question is really one more of etiquette than law.  The laws relating to custody and support that are potentially applicable in a step-parent relationship end at emancipation.  For details about wills, trusts, and estate, you should consult a specialist in that area, but the rules of intestate succession probably do not include step-children, either.  So from the legal perspective, the question would be "treat them in what way?" and "considered" by whom?  If you asked the question of Dear Abby, the answer you would probably get is that most people can use all the love and support they can get, so if you wish to remain close to your adult step-children, feel free to remain so.... Read More

This comes up a lot, and you probably need to at least consult with a family law specialist to learn how to establish lines of demarcation for the remainder of your children's minority.  Short version is that, as to both custody and support (you can review the relevant rules, cases, and other materials here and here), how you choose to run your household, and your personal behavior, is none of your ex's business until and unless it amounts to some form of child abuse or neglect.  On the subject of relationships, I wrote a newsletter that you might want to read, posted here.... Read More

Probably.  You don't say where the court order was entered, and that State might not care if marijuana is legal in Nevada -- the court obviously thought there was some issue, or it would not have issued an order allowing for drug tests.  You need to consult with a lawyer in the State where the order was issued.  If marijuana use becomes an issue, your attorney might find useful a newsletter article I wrote on the subject of marijuana in family court actions; it is posted here.... Read More