Nevada Recent Legal Answers from Lawyers

Well, in order . . . you can file for pretty much anything.  SSI may not be used as a basis for child support.  The trust income would be, and the whole financial picture can be considered.  Normally, the presumption is that both parties are directly supporting the children while living together, so child support is normally not ordered while parties are living together, but there is no rule against it.  And child support is changed upon "changed circumstances" and reviewed every three years; you should review the child custody and child support information and rules here and here, and yes, it would be a very good idea to go over every aspect of your situation with a qualified family law specialist.... Read More

Well, lots, starting with a contempt sanction.  If she is supposed to be making the payments, and the existing order does not require her to do so, try to get such an order; if the order does require it and she is refusing, seek permission to sell the car.  Do what you can to wear the white hat -- it will go a long way toward the court giving you what you want.... Read More

The entire situation is unclear, but it is probably a good idea for you to review the Guardianship, Adoption, Termination of Parental Rights, Custody, and Child Support pages of our website, here.  The situation is so complex, however, that you probably need an in-depth consultation with a family law specialist, with this firm or another, to go over all options.... Read More

If there has been no naming of a father at the time of birth, and no court action regarding paternity, then under NRS 125C.003: 2.  A court may award primary physical custody of a child born out of wedlock to:       (a) The mother of the child if:                (1) The mother has not married the father of the child;                (2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered; and                (3) The father of the child:                      (I) Is not subject to any presumption of paternity under NRS 126.051;                      (II) Has never acknowledged paternity pursuant to NRS 126.053; or                      (III) Has had actual knowledge of his paternity but has abandoned the child.         (b) The father of the child if:                (1) The mother has abandoned the child; and                (2) The father has provided sole care and custody of the child in her absence. It is probably a good idea for you to review the rules applicable to child custody, and child support, both of which you can find and review here.... Read More

You can raise lack of service, but a counterclaim does not normally have to be personally served.  Was it mailed to you?  Even if not, "default judgment" is not usually the outcome for service problems; if anything, it tends to result in an extended time to respond.  As a general matter, you should probably seek to address the merits, and not rely on procedural "gotchas," especially for child custody, as to which the Nevada Supreme Court has ordered that every decision must be based on the merits and not a procedural deficiency such as a discovery sanction.... Read More

Every child custody case is different.  Normally, most judges do not meet with children, but a court can ask for an interview to be done by the family mediation center staff, or a private therapist.  You should look over the factors that will be used in any attempted child custody modification, posted here.  And then you should consult with a knowledgeable family law specialist to go over how to document your child's concerns and have adequate evidence to be wrongfully accused.... Read More

Normally, "fastest" would be to contact competent counsel, go over whatever is involved to look for problems that could slow you down/cause problems in advance, and have the appropriate paperwork competently prepared.  If you wanted to try the do-it-yourself route, you could look at the self-help forms available at https://www.familylawselfhelpcenter.org/ but you should still get competent advice before you do anything.... Read More

Short answer: no.  There may be other repercussions for saying false facts verbally or in writing a letter, but "perjury" is not one of them -- and a host of privileges make even outrageously false assertions in connection with litigation usually unactionable.  The details are, well, detailed, and can backfire, so you should consult with knowledgeable counsel before taking any action of any kind.... Read More

This is not a family law question.  I express no opinion as to whether it is even possible to file such a suit, but the question should not go to a family law attorney.  You should probably start with a call to some personal injury firms; they should be able to guide you to someone who handles those types of cases, who can then advise whether such a suit is possible.... Read More

There are multiple responses.  First, so long as no one objects, you can live with friends, or family, as you wish.  To ensure no legal problems in case of emergency, it is even straightforward to have a temporary guardianship arranged by way of a simple form.  If there is a disagreement, it gets more complicated, and I would suggest that the potential moving party (apparently, your friend's dad) consult with counsel.  More extreme measures would include "emancipation," but that might require you to prove that you could be self-supporting, which may not be possible. In the meantime, whatever you decide in that regard, you should seek out adequate emotional support, which is available through your school, or outside it and privately.  CCSD has set up telehealth and other facilities for students to have an outlet and resource for emotional support, even during the pandemic, and I strongly suggest you take advantage of it, asap.... Read More

A foreign national who crosses the border with a visa and is married to a US citizen can adjust status to get a green card without returning to her native country. If your intention upon arrival was just to visit, but then that intention later changed to stay permanantly, then you should be fine. I would not handle the case by yourself though due to the issue regards to concealed intent.  Retain counsel for representation. Good luck. ... Read More

You have a couple of different problems.  First, tracking down the order -- it should not still be outstanding three months later, and it is possible it has been entered and your copy was just never served.  In any event, there are multiple things possible -- an appeal, possibly, but probably more effective a motion for reconsideration or rehearing showing actual payment/assessment of the same sums in a prior judgment.  Either way, you are going to have to speak with California counsel on the matter; no one in Nevada is going to be able to do anything to resolve the situation, and you should contact a lawyer in San Bernardino County.... Read More

Your facts are a bit vague -- you should call any competent criminal defense counsel, who should know the relevant rules off the top of their head, will advise if there is any problem and, if so, can give basic guidance for how to seal records if required.  Also consider looking at the forms at the Civil Self-Help Center run by the Legal Aid Center of Southern Nevada.... Read More

A bit vague.  Inter-spousal "evictions" are not favored, save in the context of a TPO upon a showing of actual or threatened domestic violence.  That said, if only one of you owns the home then the other has no underlying property right to it.  You could look at the Domestic Violence, Property Division, and Preliminary Matters and Motions pages of our website, here, but your best bet is to consult as soon as possible with a family law specialist and get specific guidance for your specific situation.... Read More

This is too vague to respond to in any detail.  Normally, spouses always have access to visit -- if the hospital is allowing anyone; during COVID, many hospitals are prohibiting all visitors.  It is unclear what the problem really is, or why, and it may make more sense to speak with hospital staff first before consulting a lawyer.  If you do get there, try to figure out whether this is actually a family law matter.... Read More

Of course, anyone can pay (or receive) child support voluntarily without a court order, but the only way to compel the payment of support from another person is to either proceed through the D.A.'s office, which is free but often very slow and inefficient, or by motion in family court which is faster and can include payment of fees, but might require hiring a lawyer to successfully navigate the system.  You should probably start with reviewing the substantive information regarding child custody and support orders here and here, and then consider consulting with a family law specialist before signing anything or deciding on a course of action.... Read More