Nevada Family Legal Questions

You have a right to seek emancipation under NRS 129.080:  Minor may petition juvenile court for decree of emancipation; reference to master.  Any minor who is at least 16 years of age, who is married or living apart from his or her parents or legal guardian, and who is a resident of the county, may petition the juvenile court of that county for a decree of emancipation. You will be required to show, in addition to certain basic facts: (e) Facts relating to the minor’s education, employment, and length of residence apart from his or her parents or guardian;      (f) That the minor willingly lives apart from his or her parents or legal guardian with the consent or acquiescence of his or her parents or legal guardian;      (g) That the minor is managing his or her own financial affairs;      (h) That the source of the minor’s income is not derived from any activity declared to be a crime by the laws of this state or the United States; and      (i) That the minor is attending school or has been excused from attending school pursuant to NRS 392.040 to 392.125, inclusive. Although the statute indicates that consent is required, it may not actually be, since at the resulting hearing, the court considers "whether" consent was given, among other factors: NRS 129.120  Hearing: Duties and powers of court; considerations in grant or denial of petition.      4.  The grant or denial of the petition is a matter within the discretion of the court. In making its determination, the court shall consider:      (a) Whether the parents or guardian of the minor have consented to emancipation;      (b) Whether the minor is substantially able to support himself or herself without financial assistance;      (c) Whether the minor is sufficiently mature and knowledgeable to manage his or her affairs without the guidance of the minor’s parents or guardian; and      (d) Whether emancipation is in the best interest of the minor. The full set of statutes can be reviewed at http://www.leg.state.nv.us/NRS/NRS-129.html. Before you decide to go down this path, decide whether it really is wroth doing all that, as opposed to waiting for the maximum of 24 months until you are legally emancipated as a matter of reaching 18.... Read More

You don't say where you  (or, more importantly, your brother is) living, but the answer is "yes" -- at least in some places.  In Nevada, for example, child support "follows" the child, so if a third party (i.e., you) took lawful custody of your little brother, any child support payable would likewise go to you.  This varies from place to place, so if you have questions, ask a family law specialist where you are living.... Read More

Too many missing facts.  Is there a custody order?  Entered where, when?  Who has moved where, when, since then?  See the article "The Basics of Family Law Jurisdiction," posted at http://willicklawgroup.com/child-custody-and-visitation/, and if that does not answer all your questions, you will have to consult with a family law specialist.... Read More

Unless what you are asking is how to change custody orders, alter the terms for permissible visitation activities, or otherwise alter contact between father and child, this is a motor vehicles question, not a family law question.  You might want to start with the DMV, on the web or by phone, and find out what the rules are for riding in such vehicles.... Read More

Since you do not say, I presume that the parents of the children are in an intact household, and that no court anywhere has ever issued an order of any kind on the subject. If so, then the grandparents do not have any right to even ASK for visitation, in or out of your home, beyond whatever access you choose to give them.  NRS 125C.050. If there has been a death or divorce, or certain other facts, the presumption is still that you can do precisely what you wish, including all denial of contact, and it is an uphill battle for any third party to overcome the presumption that the parent's wishes are to be followed, as a matter of Constitutional law.  Further details at http://willicklawgroup.com/child-custody-and-visitation/.  If you have further questions, you should consult with a family law specialist.... Read More

If I understand what you have said correctly, your ex's motion makes no sense under Nevada law.  Presuming (without discussing) that his assertion is true, it is irrelevant to the question of ownership of property, which has nothing to do with non-economic "fault" matters.  See the discussion of all related questions posted at http://willicklawgroup.com/property-rights-and-division/. To answer the question you asked, what you need is a family law specialist with expertise in retirement benefit divisions.  It will be necessary to review all existing orders, and the current motion.  Note that you do not have a lot of time (usually ten days) to oppose such a motion.... Read More

Short answer: "no."  It has to be joint decision by both of you,  and if you cannot agree, it becomes an issue for the court. As to the question you asked, it is common knowledge that the wishes or desires of a child can be relevant to a custody proceeding assuming the child is of suitable age and maturity.  In fact, NRS 125.480(4)(a) requires that courts consider the wishes of a child of sufficient age and capacity. Unfortunately, the phrase “of sufficient age and capacity” has never been defined in Nevada, either through case law or statutes.  As such, there is no magical age in Nevada at which a child’s wishes become relevant.  Obviously, the older the child becomes, the greater the weight that should be given to his or her custody preference.  However, even though the child’s wishes are a factor that must be considered by the court, they do not necessarily need to be given considerable weight when the evidence indicates that what he or she desires is not in the child’s best interest. If the child’s preferences may be an issue, be sure to request that the judge interview the child or that the judge appoint a qualified counselor or psychologist to meet with the child and report back to the court. A consultation with a family law specialist will give you a great deal more information.... Read More

No, you cannot legally choose to leave your family and return to Mississippi. If you left, you would be considered a runaway, and your "friend" and his parents could be criminally charged. I am not sure why your question has showed up as if you are in Nevada, where I am located. Nevertheless, you may be in a position to emancipate from your parents. Do an internet search for "emancipation in Alabama" and see what you would need to do to qualify for that. Or use one of these internet websites to ask that question of an Alabama attorney.... Read More

The short version is that, in the absence of court orders, either party can do anything they want, with their property, and with their children. In reality, if the wife did file for temporary orders, given that the husband has been living (somehow) out of the home for half a year, it is more likely than not that the court woiuld consider that the "status quo" and attempt to maintain it. Bottom line is that he has to pick what he wants to do -- negotiate, mediate, litigate -- he is in limbo, and must make a decision as to how he wants to live and then put into place a plan for making that happen.  No one can be foreced to remain married in the modern world, but it soiund sa if it is time for the husband to make this a time of decision for the wife, and choose -- one way or the other -- how to live in the futre.  Before he does so, he shold have a full consultation with expert family law counsel, to get as good an understanding of his options, and the legal probabilities of upon divorce, before suggesting any of them to the wife.... Read More

The rules for "publication" (of notice) are not that complicated.  If you have tried the Clark County self-help center, and they do not have a guide or form, then consider calling the RJ (which gets these listings daily, but is a bit hit-and-miss for whether they are accurate.  Or consider a free consultation offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  Of course, you could just hire an attorney to complete the process for you.... Read More

There is no common law in Nevada.  If he is trespassing on property that is yours, you might file for a restraining order.  If property is in your name, he has no right unless he can prove some implied or written contract between you for reimbursement or payment for work performed.  If you two have come to an agreement, and it is in writing, either can file against the other to enforce. ... Read More

In order to get an Order of Emancipation in Nevada, you must be at least 16, married or living apart from your parents, and a resident of the county.  You must Petition the Juvenile Court and allege certain things that are set out in NRS 129.090.  In order to get married, you need the consent of one of your parents.  Assuming the birth father is a decent guy, i.e., not into drugs or criminal activity, possible a 3rd party mediator needs to sit with your parents and you and your boyfriend to help them understand that at 18 you are free to go with your daughter, and they risk you making a choice to leave with the baby and not look back at that time.  If they want a relationship with their grandchild, they might need to change their thought process.  And your boyfriend can go to court with or without your consent to get his own custodial rights to the child.  They might prefer to have him at you home so the baby remains under their roof. Good luck.  ... Read More

Your question was phrased as "could a judge possibly . . ." which, as to child custody, almost always has an answer of "yes." See http://willicklawgroup.com/child-custody-and-visitation/. That being said, the burden of proof is on the party making the accusation. If your BF has no record of being any danger to children, then while a judge might want someone to look into his history, etc., it does not sound as if such a charge is likely to succeed.... Read More

Frankly, the question does not make sense to me.  A counterclaim against whom?  While it might be possible to have support go to the person with custody, instead of to the ex who does not have the kids, I do not see what additional relief you are even requesting.  If your uncle has a question, he should consider making an appointment with a family law specialist for a consultation.... Read More

Well, you can file such a petition.  Check the self-help center at  http://www.clarkcountycourts.us/shc/Supporting%20Documents/self_help_supportingdocs.html to see if there are any forms for that purpose. One question you should consider is whether it is really necessary -- when you hit 18, yoiu are emancipated as a matter of law. I would not suggest you take the advice of any family law lawyer on something like financial aid -- call or make an appointement with the financial aid office at UNLV or CSN and ask them, but I see no reason why you should be any less eligible for assistance.... Read More

You need to meet with an attorney to discuss guardianship.  The mother does have priority but if you can show she is mishandling his monies or that your fiancé nominated you, you might be able to get guardianship.  You should also get access to the joint account if you can show you also contributed. ... Read More

Some facts are missing, but if I understand the question the answer is "yeah, sort of, but not directly." To explain, if youhave a NV decree requiring payments, and there is an arrearage, then they can be reduced to judgment (note -- even the payments made LATE accrued interest for the period they were late, which also can be reduced to a judgment; see http://willicklawgroup.com/interest-penalties/). Once you have an arrears judgment, you can execute against bank accounts, etc.  If those accounts are here, you can proceed here; if they are elsewher, like Canada, you may have to domesticate the judgement in that other place, and THEN execute, thorugh a lawyer in that place.  If you are unclear as to your rights and remedies, you may want to consult with a family law specialist.... Read More

Unless you have been legally emancipated by Court Order, you are a minor and under the control of a parent or guardian until 18.  If you are away from home without a parents' permission or consent, you can be considered a runaway. Until you are 18, your parents are still suppose to be providing for your support and maintenance.  While it may not seem so, you will be 18 soon enough, and then able to make your own choices and mistakes, and be financially responsible for yourself.  At 17 1/2, you should be concentrating on enjoying your senior year and graduation.    ... Read More

There is a self help center at the Family Courthouse on Pecos. You might go there to see if there is a packet for Order to Show Cause why a person should not be held in contempt.  I urge you to have a consultation with an attorney who specializes in family law to at least have questions answered and get some guidance if you move forward on your own.  Attached to your request for an OSC, you need a Schedule of Arrears.  If you are owed child support, the DA's office can go after arrears at no cost to you.  Good luck.... Read More