Nevada Recent Legal Answers from Lawyers

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Nevada Recent Legal Answers from Lawyers
Page 2 of lawyers' answers to legal questions about Nevada.

Recent Legal Answers

What does this case status mean: Uncontested Settings-Custody (Decree in OIC on hold)

Answered 3 years and 10 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It is unclear what, precisely, you are looking at, but if it is a Registry Code inserted by the Clerk's Office, you can reach them at 702-455-2591.
It is unclear what, precisely, you are looking at, but if it is a Registry Code inserted by the Clerk's Office, you can reach them at 702-455-2591.

Where can find if a divorce decree has been served?

Answered 3 years and 11 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Once service of process is accomplished, the return of service is posted on the Register of Actions, but the simplest way of verifying service is to ask your lawyer or process server.
Once service of process is accomplished, the return of service is posted on the Register of Actions, but the simplest way of verifying service is to... Read More

Can we get help keeping our house

Answered 4 years ago by Marshal Willick (Unclaimed Profile)   |   1 Answer
This is not a family law question -- you should seek out a lawyer knowledgeable abouit real property matters and loan modifications.
This is not a family law question -- you should seek out a lawyer knowledgeable abouit real property matters and loan modifications.
Short answer:  18.  See NRS 129.010 Age of majority. All persons of the age of 18 years who are under no legal disability, and all persons who have been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive, are capable of entering into any contract, and are, to all intents and purposes, held and considered to be of lawful age.... Read More
Short answer:  18.  See NRS 129.010 Age of majority. All persons of the age of 18 years who are under no legal disability, and all persons... Read More

Can I get a restraining order against baby daddyโ€™s family

Answered 4 years ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your facts are not entirelly clear, but it appears that you would be well served by obtaining an order of Paternity and a formal child custody order.  The relevant rules are explained here and here.  It is not clear whether "getting in your face" is adequate for a Temporary Protective Order ("TPO"); the relevant rules are discussed on our Domestic Violence page, here. Really, what you need to do is consult with a qualified family law specialist to go over the full story, and discuss all of your options.... Read More
Your facts are not entirelly clear, but it appears that you would be well served by obtaining an order of Paternity and a formal child custody... Read More

Will I be eligible for the married $500,000 capital gains tax exemption when I sell my home?

Answered 4 years ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Taxation
Short version -- probably -- but the marriage complicates who is eligible to claim what.  If possible, consult a CPA or your personal tax preparer for what the current rules are about claiming exclusions before and after marriage depending on who has been living in which home for how long.  The tax laws are somewhat complex and not really core "family law" and you should get specialized tax advice.... Read More
Short version -- probably -- but the marriage complicates who is eligible to claim what.  If possible, consult a CPA or your personal tax... Read More

Do I suggest my son refuse to buy her out of the house or does he need a lawyer?

Answered 4 years ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The history sounds a bit convoluted and needs to be fully fleshed out to really figure out who has what coming from this house, as there are transactions regarding it that are both pre-marital and marital, and more than one legal test may apply to the contributions, and the deeds.  For legal background see the Property Division page of our website, here, and the information and articles posted on our Cohabitation and Palimony page, here, and a newletter article on property transfers between unmarried persons, here, if you have not already done so.  For a detailed analysis of this particular situation, you will need a detailed consultation with a family law specialist well versed in this subject.       ... Read More
The history sounds a bit convoluted and needs to be fully fleshed out to really figure out who has what coming from this house, as there are... Read More

My children were removed from my care by social services, how can I get them back?

Answered 4 years ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Unfortunately, it is not possible to answer that question without an awful lot more information about the background leading up to the removal.  Once children are picked up they appear quickly in a case in Abuse and Neglect court; you need to consult with a family law specialist versed in those proceedings so that your interests, and those of your childrne, can be properly represented.... Read More
Unfortunately, it is not possible to answer that question without an awful lot more information about the background leading up to the removal. ... Read More

How to change child custody and child support

Answered 4 years and a month ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
The procedural context is not really clear, but if there is no previous custody order this is an original custody proceeding; if there is such an order, this is a child custody modification matter, which can be done by stipulation and order if everyone is agreeable, and if not by contested motion.  You should review the Child Custody page of our website, here, which describes the grounds judges must use in such proccedings, and especially look at the caes dealing with "de facto" custody changes.  A consultation with a family law specialist before proceeding is highly advisable.... Read More
The procedural context is not really clear, but if there is no previous custody order this is an original custody proceeding; if there is such an... Read More
Your question is acually one of criminal law procedure, and should be addressed to criminal defense counsel versed in such matters; it really is not a family law question.
Your question is acually one of criminal law procedure, and should be addressed to criminal defense counsel versed in such matters; it really is not... Read More
Yes you would have a case against both the assailants as well as WalMart. Retain counsel to send Walmart a preservation of video evidence letter, so that the camera footage can be preserved. Also seek medical attention to document your injuries, and do not discuss your case with either the Walmart management or their insurance carrier. You should also file a police report immediately, so that the police can look at the video and prepare a report in accordance therewith.... Read More
Yes you would have a case against both the assailants as well as WalMart. Retain counsel to send Walmart a preservation of video evidence letter, so... Read More
While venturing to say that state professional licenses are generally not given for immigrants without status, you can check your particular state board’s rules on licensing to ascertain whether there is room for exception. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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
While venturing to say that state professional licenses are generally not given for immigrants without status, you can check your particular state... Read More

Husband was buying pain killers from his mother and the mother was buying from her hairdresser

Answered 4 years and 2 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Unfortunately, I am unable to discern from what was written just what you are asking.  It might do you good to start with the information posted on the Divorce page of our website, here.  You should probably look at the Propety Division, Alimony, and any other pages that you think might be relevant to the issues you are interested in.  Then, it would probably be a good idea to schedule an in-depth consultation with a family law specialist to go over your specific questions and get an analysis of your options.... Read More
Unfortunately, I am unable to discern from what was written just what you are asking.  It might do you good to start with the information posted... Read More

How do i deal with this situation. Daughter Lives California I live Neveda.

Answered 4 years and 2 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Dog Bites
The courts that would have jurisdiction would be where the incident occurred. If he is threatening to sue you, just provide your insurance information (either renters or homeowners), and they will pay for a legal defense, as well as a settlement or a verdict if it goes all the way to trial.... Read More
The courts that would have jurisdiction would be where the incident occurred. If he is threatening to sue you, just provide your insurance... Read More

What motion can I file

Answered 4 years and 2 months ago by Marshal Willick (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Domestic Violence
One other response: most forms can be found at https://www.familylawselfhelpcenter.org/.
One other response: most forms can be found at https://www.familylawselfhelpcenter.org/.

Should we sell a house before or after the divorce.

Answered 4 years and 3 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It is unclear what you mean by "mutual" -- uncontested?  Joint petition?  In either event, unless there is so much equity that it would make a difference for tax reporting (consult your CPA), it makes little difference, if you are inagreement, whethe the house sale is pre- or post-divorce -- just make sure the escrow instructins are crystal clear about who is to get what money.  It might make sense for you to consult a family law specialist to be sure you are doing what you should be doing about that and all other assets.... Read More
It is unclear what you mean by "mutual" -- uncontested?  Joint petition?  In either event, unless there is so much equity that it would... Read More

My daughter is refusing to see her father. Can she choose what parent to live with? We have 50/50 joint custody

Answered 4 years and 3 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family Law
You should consider consulting with a family law specialist.  The child is probably (but not necessarily) a bit young for "teen age discretion."  If you cannot agree directly, consider mediation, either privately or through the Court's Family Mediation Center.  A good amount of back ground information is posted on our Child Custody page, posted here. ... Read More
You should consider consulting with a family law specialist.  The child is probably (but not necessarily) a bit young for "teen age... Read More

I need a divorce attorney for low income can you help me?

Answered 4 years and 3 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
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 More
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... Read More

Can the police give back a police report a week later so the person can add or fix it. After talking to other people.

Answered 4 years and 3 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Domestic Violence
It is a bit unclear what exactly happened or in what order, but police opertions is not really a family law question.  You should confer with criminal defense counsel, who should be much more knowledgeable about acceptable police actions.
It is a bit unclear what exactly happened or in what order, but police opertions is not really a family law question.  You should confer with... Read More
Place of marriage is irrelevant.  If you, youir spouse, and your child all live in Nevada, Nevada has jurisdiction over all issues.  See our Divorce page, here, and our Grounds and Jurisdiction page, here, including the articles posted there.  If you have any  additional questions, or the facts are different, call and we should be able to analyze your jurisdiction question in a few minutes.... Read More
Place of marriage is irrelevant.  If you, youir spouse, and your child all live in Nevada, Nevada has jurisdiction over all issues.  See... Read More

my husbands ex didn't respond to the motion to leave the state we filed for primary custody if he wins what can she do?

Answered 4 years and 4 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Youir question is not entirely clear.  If a court grants your relocation motion, you are free to leave with the children -- presumably with a new custody/visitation order in place.  The court will probably refer you to mediation if you do not have a plan for a new schedule.  As to what she could do, she could always ask for rehearing/reconsideration, if her contention was that she did not receive actual notice of the hearing, or conceivably appeal.  You should probably consult a family law specialist to go over further details.... Read More
Youir question is not entirely clear.  If a court grants your relocation motion, you are free to leave with the children -- presumably with a... Read More

How do I properly file a motion to dismiss a custody complaint filed against me?

Answered 4 years and 5 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
Your facts are not complete, but if you assert that there is no jurisdiction in Nevada, you oppose the motion and request dismissal.  It is impossible to give adequate instructions by email on how to properly format and submit papers, but if yu cannot or do not wish to hire an attorney, 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
Your facts are not complete, but if you assert that there is no jurisdiction in Nevada, you oppose the motion and request dismissal.  It is... Read More

Do we need to file a petition to move?

Answered 4 years and 5 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Child Custody
It would be unwise to give specific advice without knowing the full procedural and substantive history, but the rules require either agreement or requesting relocation through the court before a relocation, which it appears you have done.  A good deal of information about this is posted on our Child Custody page, linked here.  Really, you need to consult with a family law specialist to go over your specific history and facts to have any reliable guidance about what to do and how to do it.... Read More
It would be unwise to give specific advice without knowing the full procedural and substantive history, but the rules require either agreement or... Read More
Your timing is excellent.  Just a couple weeks ago, I won a case in the Nevada Supreme Court (Senjab), holding that only 6 weeks' residence, not "domicile," is required to file for divorce in Nevada.  And while I woiuld want to know more about the facts before giving a certain answer, if Nevada is not the Home State of the children under the UCCJEA, then the divorce here would not address their custody.  See the article "The Basics of Family Law Jurisdiction" posted here.  Obviously, there are more questions to ask; I suggest that you call the office during regular business hours and go over the basic facts with one of our attorneys.... Read More
Your timing is excellent.  Just a couple weeks ago, I won a case in the Nevada Supreme Court (Senjab), holding that only 6 weeks' residence, not... Read More

Legal rights

Answered 4 years and 5 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer
Your situtaion is not entirely clear, but I strongly urge you to get counsel versed in disability law.  You might start with the Legal Aid Center of Southern Nevada, but your inquiry actually is in disability law, and will, trust, and probate, rather than in family law.  Do seek assistance, and find out the truth.... Read More
Your situtaion is not entirely clear, but I strongly urge you to get counsel versed in disability law.  You might start with the Legal Aid... Read More