Nevada Recent Legal Answers from Lawyers

Your question is not entirely clear, either as to what happened in which order or as to what you are asking.  If you are speaking of a contested case between you and the father for custody, pretty much anything can be raised, but a 20-year-old matter will be considered pretty remote; if yoiu are speaking of a possible criminal or abuse/neglect case, your best bet would be to confer with criminal defense counsel.... Read More

I do not entirely understand the question, but the person on the loan application is presumptively entitled to proceeds; if there is an equitable claim to be made, then the person who incurred the dtriment/loss usually prevails.  If you need more specific advice, you should contact an attorney who practices general civil litigation, as this is not really a family law question.... Read More

In the absence of any court order, the parents of children have full joint legal and physical custody and no law prohibits anyone from crossing a state line -- as opposed to "relocating" with them to osome other jurisdiction.  For an explanation, see the information posted on our Child Custody page, posted here.  You really should consult with a family law specialist in this or some other family law firm, however, to avoid what appers to be escalating conflict.... Read More

The relevant statute says: 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. Yoiu indicate that you are still married and that your ex does not consent.  Other statutes indicate that until a court syas otherwise, you two have joint legal and physical custody, and the courts require either consent or a court order before departing, or departure with the children could be held against you in further motion practice. I suggest you review the custody and relocation materials posted on our Child Custody page, posted here, and then call and discuss the matter with one of our attorneys so we can see what can be done to assist you.   Marshal... Read More

Short version is that it does not really work that way, but a large part of the equation is what you wish to happen going forward, on several issues. For background information, I urge you to review the information and materials on our Termination of Parental Rights page (under the Child Custody/Support tab), posted here, and the Child Custody and Child Support pages, and then call and discuss with one of the lawyers in this office or of some other family law specialist firm to go over the effects of a relinquishment, or a formal Termination of Parental rights, and what those things do and will mean to you and your son.  Agree to nothing, and sign nothing, until you are completely sure of what you are doing, and why.  ... Read More

Short answer yes, sort of.  Presuming this is a private pension governed by ERISA, the law gives the plan up to 18 months to respond to inquiries.  Different rules apply to state, civil service, military, etc., plans.  It is not clear whether your "QDRO lady" knows what she is doing, but you can contact the experts at QDROMasters.com, and ask any questions about administrtion and getting a correct order in place as efficiently as possible.... Read More

The short version is that anyone can "dipsute" anything.  As to prevailing in a small claims or other action, the main question is what the actual facts are.  Why do you "not agree with the amount"?  If the sum recited is wrong, and you can prove it, then a court resolving the dispute should be amenable to an "NRCP 60(a)" argument -- essentially, that there was a clerical or copying error.  If the sum recited is, objectively, correct, then probably not.  If you are uncertain, the bezst bet would be to consult a lawyer.... Read More

Yoiur discussion is a bit vague on the details, but the law on the subject is that in the absence of an agreement to the contrary, an engagement ring is a conditional gift, completed upon marriage, and is the separate property of the recipient upon marriage.  For a complete discussion of the issue, see the article posted here. For information aboiut separation and property settlement agreements, see the discussion and information posted here.  Really, yoiu need a consultation with a family law specialist well-versed in these topics.  Please see our Consultation Policies, Procedures, and Costs page posted here, and call at your convenience to ask any preliminary questions or set a consultation appointment.... Read More

Short answer:  Maybe.  You can file a request to dissolve the TPO, indicating that there is no legitimate fear on her part as evidenced by her inviting you to dinner, but you should NOT initiate any contact with, or agree to see, her until the TPO has been dissolved.  For forms, see the Family Law self-help center website, or contact a family law specialist -- which is probably a good idea if you are in the middle of custody litigation anyway.  For background on DV and child custody issues, see the materials posted here and here.... Read More

Assuming that you are not subject to a two-year home residence requirement because of the J-1 visa, you should be able to stay in the States if you are marrying a US citizen or permanent resident. With a permanent resident, you would have to file the I-485 application for adjustment of status with USCIS prior to the expiration date of your J-1. The I-485 filing would place you in a quasi-legal status until the time that the agency makes an adjudication on your application. 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

For many reasons, most going to witness intimidation, most D.A.'s have a "no drop" policy regardless of the wishes of the purported victim.  That said, your husband could call the prosecutor and request dismissal.  I would never counsel anyone to ignore a subpoena, but the fact remains that if witnesses do not show up for trial, usually the prosecution cannot proceed.... Read More

Rob, the short answer is that common law rights may be used to defeat a federal trademark registration, but there are caveats.  Your common law rights give you rights in the trademark only in the geographic areas in which you are doing business; if you are online and selling goods throughout the U.S., then you potentially have rights throughout the U.S.  Often, a coexistence agreement is carved out so that the junior trademark user only uses his/her mark in the areas you are not using yours.  There are lots of facts to delve into here, especially whether "likelihood of confusion" does in fact exist. Hope this helps Lisa Dunner... Read More

The question does not have a specific answr -- for example, the Nevada Supreme Court has said that no parent should have his or her rights terminated simply for being poor, and it is considered a good thing for a child to have a relationship with both parents.  That said, there are minimums for the safety and adequacy of accommodations for a child, especially one heading into puberty.  Can you ask for those restrictions?  Sure.  Whether it is reasonable, and what a judge is likely to do, would require a much more thorough review of the history and reality of the case -- you probably should have a full consultation with a family law specialist, going over the full hsitory and all court orders, before deciding on a course of action.... Read More

I'm not sure I fully understand the situation, but it will be -- at best -- difficult to undo a 25-year old quit claim.  There is a statute relating to "omitted assets" that permits a person who left something out of a divorce decree to "partition" it within 3 years of discovering the error -- but it is hard to see how that might apply to your facts, although you indicate your just found out "recently."  Consider looking at the 2015 article relating to the Nevada law of partition of omittted assets, which is posted here.  Then consider having a consultation with a family law specialist well versed in the subject of omitted assets.... Read More

What you have written seems reasonable, on the basis of what is disclosed.  That said, it is not possible to really respond intelligently as to what is going on without complete information about what is in the file, what is and was known to the lawyer, when, what the lawyer says is the basis for the delay, and a host of other things.  Really, if you are uncertain, you should start with a heart-to-heart with yoiur attorney; if you are uncertain whether it is valid, consider getting a second opinion consultation.  If unsatisifed, consider obtaining replacement counsel.... Read More

Short answer: "probably not."  There is no requirement of disclosure of sources, although sometimes it comes up, and comes out, during court proceedings.  The situation is obviously sufficiently complex that you should consult with a family law specialist to go over all of your options.... Read More

The knee-jerk response is that anyone with a filing fee can sue anyone for anything -- that does not mean the suit has any validity.  While the details should be gone over with competent counsel if anything is ever filed, the short version is that normally you are not liable for what other people might or might not have done.... Read More