Nevada Recent Legal Answers from Lawyers

The short answer to your question is "probably."  Under a series of Nevada cases, if grandparental custody or visitation rights are established before a termination of parental rights, death, or other event alters the parental custodial relationship, it survives that later event.  Obviously, no lawyer should give specific legal advice without reviewing the actual papers in question -- in your case the visitation agreement, and the TPR, and the adoption paperwork.  A full consultation with a qualified family law specialist would be a good idea.... Read More

Ms. Coulter:  There are many different kinds of pensions, each with its own rules, and most of them permit beneficiary designations; further, if you had a registered domestic partnership, the inheritance rules are the same as for a marriage.  For a recap, see the article Retirement Benefits for Legal Professionals: A Very Brief Primer (CLE, October 9, 2015), posted here and look at the Domestic Partnership page of our web site. We have a division called QDRO Masters; please call 702-438-4100, ask to speak with one of our QDRO Masters personnel, with some information about the specific pension involved, and they should be able to tell you what, if anything, you can do to collect on the survivorship interest of the pension involved.... Read More

First, you should do nothing rashly or impetuously.  Find out your legal rights, obligations, and options, and then decide what is in the best interest of you and your children.  You are allowed to "relinquish" parental rights, but in Nevada that does not terminate your obligation of support, as explained here.  At the same place, you will see what is actually required for a Termination of Parental Rights court order, and decide whether that is something you wish to seek.  If so, or even if not, you should consult with a qualified family law specialist before making any decisions or taking any actions.... Read More

Presuming the two of you co-own the home, neither of you can "evict" the other, in normal times or during this pandemic.  Either of you could file for divorce, and seek a preliminary order for exclusive possession, as explained here, or if there is a history of actual or threatened violence, file for a Temporary Protective Order as explained here. In any event, you probably need to confer with a family law specialist.  The aphasia may make even that more difficult, so it may be necessary to use email or some alternate means of communication.  But you should not remain isolated an afraid; find out your rights, obligations, and options, and then decide what is in yoiur best interest going forward.... Read More

Short answer: "no."  His rights stem from whether he has a legal claim to the location, not his marital status to you.  If he is not on the lease, simply do not let him in.  If he has a key, you can change the locks (if permitted by your lease).  If the situation is that confrontational, however, you might be better served by a temporary protective order or an order for exclusive possession issued in a divorce action.  Either way, it is probably wise to consult a family law specialist.... Read More

There are not enough facts here to make any reasoned predictions.  "Addicted to weed" is probably hard to prove, as it is considered not particularly addictive, and is now legal.  LSD is more serious, as it is not a lawful drug.  You don't specify what grounds he might have to "take my son away from me."  You might want to review the factors a judge looks to in mkaing a custody decision, which are listed and explained here.  Beyond that, it is probably best for you to consult with a family law specialist.... Read More

It is very unclear what "papers" you are referring to or what that has to do with a possible marriage.  It is possible that your question is best addressed to an immigration lawyer, but if your actual question concerns family law, I suggest you call a family law specialist and ask it as clearly and precisely as possible.... Read More

Short answer is "yes" -- but realize that in a situation in which both you and your ex have rights of custody (including visitation), both of you have the right to "determine the associations of our child" and he is unlikely to share your evaluation of his new wife.  If the two of you are at impasse on the subject, the only other alternative is to pursue a court order restricting potential contact.  Such orders have been entered in situations of, say, child abuse by a person, but a history cheating at bridge might be a bit of a stretch for a family court judge to find any kind of significant or imminent danger to a child.  If you wish, you could consult with a family law specialist to go over your speciic concerns.... Read More

The question as phrased is a bit confusing.  It would seem to make sense to try to find a way to get done where you are everything that the judge (or the case plan) indicates is to be done where you were, and then file a motion asking for consent to stay where you moved.  To answer your question, the judge may not be able to "force you to move," but he can rule against you, or find the plan not followed, if in fact it is not followed or completed where you are.... Read More

Short answer:  "maybe," but you probably do not want to.  If no counterclaim has been made in the existing action, you shouild be able to dismiss the Nevada divorce case.  And you can re-file wherever you are now -- but that coiurt may lack jurisdiction to grant relief in whatever issues are pending in the case.  For an explanation, see the article "The Basics of Family law Jurisdiction," posted on the willicklawgroup.com website.  If you have any questions, speak with a qualified family law specialist before taking any action to dismiss the existing case.... Read More

Any family law specialist should be able to assist you.  The guidance -- from the courts, from the ABA, and the AAML, is that the pandemic should not be used as an excuse to deny child custody and visitation unless there are special circumstances present (someone infected in the other household; or sometimes (but not usually) if the other parent is considered "high risk" by reason of employment, etc.) Obviously, every custody case is unique, and adequate information can't be exchanged in (public) email; If you do not already have a family law attorney, you should call this office (or another, if you wish) and speak with a family law specialist who can discuss your rights, obligations, and options.  Be sure to have available the exact terms of the existing custody order.... Read More

It is not clear what question you are asking; you most certainly should schedule a consultation with a competent criminal law attorney to go over what you should do and how you should do it, before any court dates.  If the relationship is so toxic that false allegations are being made to the police, consider a consultation appointment with a competent family law specialist to discuss your options in terminating the relationship and getting approprite orders for property division, child custody, and child support.... Read More

Your procedural situation is unclear.  If there i still an open abuse and neglect case, CPS is presumably looking to substantiate the abuse for prosecution, but after a year that seems odd.  if the pediatrician indicates that neurological examination might be of use to the child's future development, it seems prudent to make an appointment no matter why it is being requessted.  You probably should take all of your paperwork and consult with a family law specialist well versed in abuse and neglect cases to determine your options, and any risks to you or to the child.... Read More

If you were treated by a health care provider who was paid by Medicare or Medicaid, the attorney has to cover the lien or else he will be personally liable. Unfortunately Medicaid liens take many months to resolve and clients become very frustrated with impatience. The process is slow but there will be a resolution. ... Read More

If you are drafting these documents, you should be a lawyer licensed in Nevada and should know the answer to your question.  The law governing trusts, powers of attorney and wills varies from state to state.  This is not a DIY project, even with some form downloaded from the internet.... Read More

While your facts are not entirely clear, a dismissed case should have no singificant after-effects, although you still have to answer the questions on the CCW application honestly, and if they trouble you, you may want to go through the steps to seal the case entirely, which permits you to lawfully deny that it ever existed.  If you have questions, consult with any criminal defense attorney, which is the field of attorney that deals with these questions most often.... Read More

Has anyone ever filed a non-TPO custody case anywhwere?  If so, that place has "Continuing Exclusive Jurisdiction" to modify custody orders so long as a child or parent lives there.  If not, then clocks are running, and you do not indicate how long anyone has been anywhere.  First, review the article titled "The Basics of Family Law Jurisdiction" posted here, and then call to go over the timing of who lives where, and has for how long, to determine whether you have to file a case in Nevada, or California, or both.... Read More

Who is on the mortgage does not matter -- ownership has to do with who is on title (the deed).  After ten years and having children together yes, you have claims to make.  Take a look at the material posted regarding the rights of unmarried cohabitants as to property posted here, and child support and custody here and here.  You need more than can be provided in an email, however; please call any time during regular business hours and speak with one of our lawyers, and we will see what we can do to assist you.... Read More

In most matters of child custody, it is a mistake to wait for multiple months (or years) because that begins to look like agreement or acquiesence.  But you should get information about how child custody determinations in your kind of circumstances are made, which you can review here and here.  Then you should construct a timeline detailing what happened in what order (you can find a guide for doing so here), and then call this office or another Family Law Specialist firm, and schedule a consultation to review all of your facts, circumstances, costs, risks, benefits, and options.... Read More