Nevada Recent Legal Answers from Lawyers

These factual allegations are too vague to comment on in detail.  You should have an extended conversation with your existing attorney about your rights, obligations, and options, and if you are not satisfied with the results of that conversation, you should schedule a second opinion consultation with a qualified family law specialist.... Read More

You have an unfortunate situation that many attorneys are uncomfortable with answering unless they have enough time.  It seems like you assume that you will get advanced parole.  The Trump Administration was not issuing advanced parole.  This policy may continue even when Biden becomes President. As a result, I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney, who can take enough time to explain the situation to your satisfaction.  However, most will place a value on providing this sort of legal advice. The above is general information, not legal advice, and does not create an attorney client relationship.... Read More

Your situation is not entirely clear, but it appears that the judge hearing the TPO is sufficiently uncertain as to what is really going on that he or she wants a hearing to explore more details before rendering an order of exclusive possession or anything else.  You should certainly bring a copy of all such messages, printed out if possible, to the TPO hearing, and as clearly, simply, and directly as possible, indicate both all things that happened and all things that have been threatened.... Read More

You do not "have" to cancel anything, but if the facts are that the child is receiving direct support by the provision of food, clothing, and shelter in the father's residence, a reviewing court will probably find that no support is due for the time of that cohabitation.  You might want to put in a call to your case manager to see if you could suspend your application until you can move out again; arrears remain owing for any period prior to your moving back in together.  Keep the best records you can as to dates, amounts spent, etc.... Read More

The notice you received should tell you what is considered deficient and therefore what you need to do about it; without seeing the paperwork, it is difficult to be more specific.  If you do not have an attorney, there are ways of getting some quick assistance.   Consider looking at the forms at the family law self-help center.  https://www.familylawselfhelpcenter.org/self-help     If you are unable to figure it out, consider a consultation at the free ask-a-lawyer event (now done telephonically) every Thursday afternoon, or consult the legal aid center to apply for assistance.   ... Read More

Well, the short answer is anyone can say anything.  However, that does not make it reasonable.  For background, see the court's custody factors list, and other materials, posted here.  I also suggest you do a short Google search for "age-appropriate custody schedules."  The Nevada courts, in their "COPE" materials for divorcing parents, also suggest such schedules, the short version of which is that the younger the child is, the less time the child should be removed from a primary care-giver.  It might be a good idea for you to have a thorough consultation about both custody and support with a family law specialist.... Read More

There is a lot of precedent for people making excuses or making up stories trying to make a "temporary visit" into a permanent move, but it is much too detailed to go over by email.  You can represent yourself in the pending motion to have the child returned to Nevada, but your best interest may well be served by hiring competent counsel (a family law specialist) to appear at the hearing.... Read More

You have several options. 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 (these days, telephonically); 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 not much to go on here.  First step is to get educated.  You will find a great deal of background information, subject by subject, here.  Beyond that, you should consult with a family law specialist to get answers to your specific questions and make a fully-informed choice of what you wish to do and how you wish to do it.... Read More

Generally, a moving party can always withdraw a pending motion, by filing a simple notice of doing so (the family court self-help center may have a form).  There is an exception where the other side has filed a counter-motion, since that will proceed even if you take off your original motion. Your overall situation, however, appears too convoluted to address by email, and you really should consult a family law specialist about your plan, options, risks, and benefits.... Read More

The benefit is that you will have given your brother a different way to immigrate to the US as there is no absolute assurance that he will be able to later immigrate through your parents. Immigration laws can change over time and visa availability in the various categories may also change. At present, your applying for your parents and then your parents applying for your brother (assuming that he is unmarried) seems the quicker route, especially if your brother is under the age of 21 at the time that your parents immigrate. However, petitioning for your brother gives him another option. I note that such a petition will generally not have a negative effect upon your brother's obtaining a nonimmigrant visitors visa or being able to otherwise come to the US since the timing of the sibling petition is very long and most US consuls would not say that there should be a strong presumption of immigrant intent on the part of your brother if he wants to visit the US during the period of a sibling petition. 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

Possibly.  This situation requires a full examination of all the facts and circumstances, starting with which court where has jurisdiction, and going into the full custodial and care history -- but the child should be rescued from an enviornement of sexual abuse no matter what, and the sooner the better.... Read More

It is possible for the state to try to recoup some suppport from a parent with means if the other parent is on social services -- that said, if assistance is necessary for you and your child to get by you shold apply for all benefits available; especially in the current enviornment, many normal "loans" and other repayment sare not even being sought by the government.... Read More

No competent lawyer would ever promise a result in any case, especially on the basis of limited information, but as detailed in the child custody materials here, his DV conviction alone makes him presumptively ineligible for either primary or joint custody.  It might be a good idea for you to consult with a family law specialist about all of the facts and circumstances; if you do not believe it is in the children's best interest, you should not agree to the change.... Read More

That question was recently debated on the family law listserv, with no perfectly clear resolution.  The statutes, which you can read here, speak of parents with joint custody and parents with primary custody -- there is no specific provision for parents with no custodial orders at all (if the father is not on the birth certificate, then presumably you have never been to court regarding custody).  However, this statute says that when there is no custody order, the parents are considered to have joint custody. The safer course would be to get the father's consent to relocation and, if you can't, petition the court for an order permitting the move.  You should probably consult with a family law specialist about all matters of paternity, child custody, and child support.  For background on all three subjects, see the materials posted here.... Read More

The short answer to your question is "yes" -- the rules require service of process, etc., but sometimes people serve wrong addresses, or even lie about it, requiring motions to set aside.  Any family law lawyer can easily check the court computer to see if a case is pending, or you can call the Clerk's office and ask directly (702) 455-2591 for Clark County.  And if you want to proceed but your ex has not filed anything, you do not have to wait for your ex; you can file yourself at any time.  For background on every subject of property, debt, spousal support, etc., see the materials posted here; you should also consult with a family law specialist.... Read More

No actually, you don't need a letter from a lawyer or you don't even need a letter of invitation from the guest host, which would be you. What your cousin needs to do is to establish proof to the US consulate in Guatemala City, that he has sufficient ties to that country that will convince the consulate officer interviewing him that he will return once his visit is complete. Now the way to do this is to submit tax returns of a three or four your period, showing his employment history. It would be advisable to get a letter from his employer showing his rate of pay, the number of years he's worked For that employer, the fact that he's a very good employee and he's going to continue to work at the company. Another good thing is to show if he has any property or if he doesn't own property, then he should provide a lease that he's paying rent on, and how many years has he been at that place where he's renting that would also be a good idea to submit. But if he does own property then he should submit a copy of the property appraisal report which shows the net equity in the house, which would be the market value minus the mortgage on the house. So if he wants to get an expert appraisal for the property he owns that also would be a good idea. Hope that helps.... Read More

There is probably some "back story" which is not entirely clear; it is bizarre, and unlikely, for a parent absent for years to drop in out of the blue and request custody.  You should probably review the relevant information and tests for both child custody and child support at the two links in this sentence (the child support laws changed in February), and then you should definitely consult with a family law specialist to evaluate the current motion and go over all of your rights, obligations, risks, and options.... Read More

It is difficult to tell what is happening or why from this inquiry.  From your questions, you should probably contact a criminal law attorney, who can probably fill in better what possible range of charges are possible, and from facts you did not clearly communicate, what options you might have.... Read More

Short answer:  yes.  Long answer: it depends on what you wish to accomplish; it is also unclear who lives where, at least as to the children.  The Nevada court can dissolve the marriage, but it is clear that there are other issues, including child custody and support.  Look at the materials posted here and here, and probably check out the pages on Divorce, Property, and Spousal Support, and then especially the article "The Basics of Family law Jurisdiction" (on both the Child Support and Child Custody pages), and then call, ask any preliminary follow up questions, and consider scheduling a consultation to go over all of your facts circumstances, rights, obligations, and options.... Read More

It's pretty clear that the relationship is toxic, and you are on notice that you can't trust your ex; when you were divorce is not clear from your note.  Your question, however, and your current status, is not clear.  You should write out a clear timeline, as it is hard to see what happened, in what order, and why, and then consult with a family law specialist as to whatever your actual questions are.  If there are emails or texts indicating that he invited you back to the hose, or said he was dismissing the restraining order, preserve them.... Read More

Your situation is a little unclear, but presuming this is a "Legal 2000" hold, you girlfriend was presenting as a danger to herself or others, and will be held for 48 for observation and, if necessary, treatment.  What you can "do" is get her appropriate follow-up treatment once she is released.  Given the pandemic, many mental health practitioners and programs are available by "telehealth" remote work.  Find and use one; many are very low-cost, or even free.... Read More

Short answer: "no."  The relevant ethics code (The Nevada Rules of Professional Conduct) are not directly on point, but generally a lawyer should not contact a minor child; the point is clarified in the non-binding, but authoritative “Bounds of Advocacy” published by the American Academy of Matrimonial Lawyers.  Bound 6.3 states: “When issues in a representation affect the welfare of a minor child, an attorney should not initiate communication with the child, except in the presence of the child’s lawyer or guardian ad litem, with court permission, or as necessary to verify facts in motions and pleadings.”The official comments add: “Issues affecting a child’s welfare may arise before, during, and after legal proceedings.  There is a risk of harm to the child from an attorney’s contacts and attempts to involve the child in the proceedings.  Advice to or manipulation of the child by a parent’s lawyer has no place in the lawyer’s efforts on behalf of the parent.  Information properly to be obtained from a child regarding the parents and the parents’ disputes should be obtained under circumstances that protect the child’s best interests.”In Nevada, thee is no “magic age.”  The views of a child of “sufficient age and capacity to form an intelligent preference as to his or her physical custody” is one of many factors; a list of the custodial factors, and an explanation, is posted here.You should probably discuss the entire situation with an experienced family law specialist, to determine what you should say, and what you should do.... Read More