Nevada Family Legal Questions

Maybe.  As the child lived in your home, you probably have adequate "standing" to request custody, but it's an uphill fight since there is a "parental preference" which might make you have to prove the mother unfit to actually win a custody fight.  Review the information posted here.  Also be aware that there is a Commission now working to suggest what could be large changes to the custody statutes; they should be done in a few months, before the next legislature convenes.  Really, what you need is a thorough consultation with a qualified family law specialist, going over the facts, and your options, in detail.... Read More

No family law internet posting is going to be adequate to assist you.  Step one: get clean.  Step two: find a family law specialist well versed in dealing with CPS cases -- there are many such in Nevada, and schedule a detailed consultation going over your full history and what proceedings are likely to occur next.... Read More

Can you ask?  Sure.  Is that sufficient?  Maybe.  It depends on all the rest of the facts of the case, and the history of what has gone on so far.  For a list of the statutory factors the judge must consider when deciding such a motion, see the discussion, statutes, and other materials posted here.... Read More

Probably.  You don't say where the court order was entered, and that State might not care if marijuana is legal in Nevada -- the court obviously thought there was some issue, or it would not have issued an order allowing for drug tests.  You need to consult with a lawyer in the State where the order was issued.  If marijuana use becomes an issue, your attorney might find useful a newsletter article I wrote on the subject of marijuana in family court actions; it is posted here.... Read More

The facts are a bit unclear, but there is an interstate compact allowing authorities in one state to enforce paternity and support orders in another.  For background on how such cases work, click here.  Ignoring it is probably not a good idea; you should consult with a family law specialist who, with knowledge of the background facts, should be able to advise how you should proceed.... Read More

Some parts of that question are not clear.  The thrust seems to be that you are in mid-litigation, your attorney is withdrawing, and you lack funds to hire replacement counsel. Obviously, if possible, you should borrow funds from any source availabe -- a bank loan, family or friends, whatever -- sufficient to complete the case.  If you can't or do not wish to do so, you may have some alternatives. If you really 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; 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

Yes, entering into a second marriage with a marriage still existing with a still-living spouse is bigamy.  Registration elsewhere and citizenship are irrelevant.  The documentation is the marriage certificates on file, which you can order if you wish.  You do not indicate what is being litigated, or where, relating to the daughter, but the short version is that (in Nevada anyway) the questions of bigamy and child custody are entirely unrelated -- the rules and tests for custody have nothing to do with the marital status of the parents.  I cannot speak to the green card issue -- that should probably be sent to a criminal law or immigration attorney for an answer.... Read More

It is unclear what you are trying to accomplish.  There is no legal need to "register" a divorce elsewhere in Nevada unless/until you are attempting to do something relating to status in Nevada.  Presuming there is some reason to do so, you could register the Decree under the USFSPA if there are custody issues, or under UIFSA if there are support issues, or simply domesticate it under the old statute if there are no child-issues.  It is probably a good idea to confer with a family law specialist before doing any of those things to make sure there is a need to do anything at all.... Read More

You are the employer, and can hire and fire attorneys at will; the court may -- or may not -- alter already-scheduled dates based on a change of counsel, as the court balances "due process" concerns with the rights of the parties to have a timely determination made.  If you have reached the point of no return with current counsel, then confer ASAP on this specific question with all possible replacement counsel you are interviewing.  With only a week prior to mediation, you will have to move quickly.... Read More

The facts are pretty unclear, and it is not even clear who was or is paying what to whom (child support? alimony? other?) or who is where (a Nevada decree?  the parties are all still in Nevada?  other?)  Time is not your friend -- generally modifications are not retroactive, so you should act quickly, but loss of a good-paying job is probably a "change of cirumstances" for modification of exsting orders.  You should consult a family law specialist as soon as possible. If you really 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; 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

Your facts are unclear (what was sold?  how is is "your" moneny and not his?  what do you mean "took away part"?  etc.)  It is not even clear where you are, where the controlling order was entered, or your procedural status (together?  separated? divorcing?).  Your legal status should be completely irrelevant to the outcome, but you are going to need to confer with a family law specialist, and answer the above (and probably a lot of other) questions to get any meaningful guidance.... Read More

It is not possible that you and your ex "both have sole and physical custody."  Presumably, you meant, "joint legal and physical custody."  If so, the standard provisions that should be in your decree state that neither parent can make unilateral changes to schools, doctors, etc., without agreement of both parents.  If the parents do not agree, the court can resolve the immediate dispute, or can give one parent or the other deision-making authority over that issue (this was one of the holdings of the Rivero case in 2009).  For information about legal and physical custody, a copy of the case, and a lot of other information, click here.  If you have an ongoing conflict, you should consult with a family law specialist.... Read More

It is uncertain what, precisely, you are trying to accomplish and how you believe a change in legal status would assist in that effort, so it might be a good idea to consult with a legal adviser -- you may have access through your school (there used to be such programs at both CCCC and UNLV, and some high schools have legal consultation programs).  If nothing else, free short consultations are offered every Thursday afternoon at the Family Court.  For an explanation of the legal process, consider consulting the self-help center explanation and guidance regarding forms, which you can view here.  If that does not answer your questions, the statutes are on line, and you should consider consulting with a family law specialist.... Read More

It is extremely difficult to tell what is actually going on from your description, or even tell who is shom in that story.  You might want to refer to our child custody page (just click the link), but you propobably need to actually meet with and consult a family law specialist.  If you really 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; 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

Since you did not repeat, reference,or attach the prior inquiry, I can't say for sure whether it is one to which I've responded, but I am the Nevada family law responder, and do not believe that I have seen an inquiry in the past 6 days, so I presume that somehow it went astray before ever getting posted; feel free to try again if you wish.... Read More

Total income for an active duty service member is among the simplest and easiest to verify kinds of employment.  It is a bit unclear whether you are in the D.A.'s administrative process or regular family court, but either way, the method to alter an incorrect support determination is to file a motion. Background, the current rules, support guidance and levels, and statutory links are here.... Read More

It would almost certainly be better for you to direct this question to an Arizona practitioner -- the laws vary from place to place, and if that is where the case is, that is whre you need to seek assistance, even if you live here. That said, as explained in part in the materials posted here, you could "relinquish" your rights under Nevada law, but that would not terminate your support obligations under NV law unless someone went the extra step of filing a formal termination of parental rights action and the court elected to grant it.... Read More

The Court (presuming jurisdiction over the case) can enter temporary orders over various subjects, in most circumstances, pending service and appearance of the other party.  If service has not been accomplished, and your process server has completed an affidavit of due diligence, the Court can permit service by publication.... Read More

You can ask, and there is case law regarding voluntary underemployment/unemployment; you can review much of the applicable law here, but you are better off basing support on actual income, usually.  If there is some evidence of the existence of this side job (affidavits, photos, whatever), and it is not on the payor's Financial Disclosure Form, you could ask the Court to attribute "$X" to that second job, and base support on total income (as it is supposed to be under Nevada law).  You may need the assistance of a family law specialist to put that filing together.... Read More

It is just not possible from that stream of words to see what is really going on.  Youi can review the substantive law regarding child custody and termination of parental rights here and here.  If you think your existing attorney is not doing his/her job correctly, consider getting a second opinion consultation with a qualified family law specialist; if you can't afford that, there are free short appointments with volunteer attorneys at Family Court every Thursday.... Read More

You do not mention whether this is for an adult or a minor, but either way, while there are technical requirements, it is not particularly complex work.  Feel free to call if you wish, or if you wish to attempt to do this yourself, consider looking at the Family Court Self-Help Center site, http://www.familylawselfhelpcenter.org/self-help.... Read More

Your question is too vague to answer -- it is not clear what you are trying to learn.  Normally, "defined contribution" types of accounts like IRAs and 401(k)s are divided by determining the community share by "direct tracing."  You find out what the balance was at the start of the marriage, attribute to that balance a rate of growth during the marriage, and preserve that as the separate property of the owner.  What remains for division is the contributions during the marriage and the growth on those marital contributions.  An explanation of some of those concepts is on the property division and QDRO pages of the main firm website, here, and here, and on the website of our QDRO-drafting division, here.  Feel free to call if you have further questions.... Read More

You are the employer, so you can hire or fire at will, but to answer your question, no, not a good reason, because your lawyer is giving you sound legal information.  The rules are such that you can "pre-empt" a judge right at the beginning of the case, before hearings or any orders, but NOT once rulings have been made, except for "cause" which is usually very difficult to establish, and cannot be on the basis of rulings made in the case.  The solution to bad rulings, if there have been bad rulings, is an appeal of those rulings to a higher court, not deciding you want a new judge in the middle of the proceedings.... Read More

Youir options would appear to be: to work with your spouse to find someone who can bring the child to school on time every day; to alter the custody schedule so you provide daily transport to school, by modifying the schedule so that you have all school days or otherwise; or to alter the child's school.  The first option requires some coordination and cooperation between you and your ex.  The others will probably require a trip back to court unless the two of you can stipulate to a revised schedule.  You could use the assitance of a knowledgeable family law specialist.... Read More