Nevada Family Legal Questions

Short answer: "yes."  First, consider acting on your own -- export and print all such text messages and e-mails, use caller ID, do not answer, and if he leaves insulting messages, keep the recordings (perfectly allowable) but do NOT tape live conversation over the phone (not allowed).  Then consider a very neutrally worded letter basically telling him to confine his language to matters concerning the children, in decent language, and warning that if he does not, you will bring him back to court and ask that he get the opportunity to pay for that trip. If the abuse does not stop, with the evidence in hand, do exactly that, seeing a qualified family law specialist, in this or some other family law firm, to file a motion for a behavioral order, with penalties attached to further violations.  Being someone's verbal punching bag is no way to go through life, and you have a right to be treated decently and with respect -- you simply have to insist on it.... Read More

The late Samuel Goldwyn once remarked that "A verbal contract ain't worth the paper it's printed on."  Until an agreement is reduced to writing, it is typically very difficult to enforce.  Meantime, consult with a family law specialist to become fully informed of your rights, obligations, options, and alternatives.... Read More

The message is too cryptic to answer.  If the question is actually "is cheating relevant in a divorce?" the usual answer is "no," unless there is something else -- missing community funds, transmission of a contagious disease, etc., involved in the mix.  Otherwise, no matter how central to the motivations of either party, the fact is of very little relevance to the outcome of the case.  For an overview of divorce in Nevada, see th materials posted here.... Read More

This is not actually a family law inquiry.  You are going to need to consult with a criminal law attorney who is knowledgeable about procedures and requirement for visitation.  If you have a criminal defense attorney you have used, call that person.  Otherwise, you can look on Lawyers.com or avvo, find a criminal defense attorney or two, and should make a coiuple of phone calls to see if you can get your answer.... Read More

There is obviously a much more extensive background of facts that probably would provide the answer to your questions.  As a basic matter, there is no specific "right" of one half-sibling to contact with another; that said, the custody laws of Nevada include in the list of things a court should always try to consider: "The ability of the child to maintain a relationship with any sibling." Without knowing the complete set-up -- who lives with whom, why, when, where, pursuant to what court orders, etc. -- it is not possible to provide a more legally insightful answer.  If you want contact and it is not prohibited by a couirt order, attempt to initiate it.  If it is denied or frustrated, speak with one of your parents as to why -- and if possible have them, or you yourself, discuss the entire situation with a trained family law specialist who can analyze the situation and provide you whatever options might exist.... Read More

You don't indicate where you were married, or where "my state" is, and those facts could alter the answers to some aspects of the case.  In Nevada, at least, the legitimacy of the marriage is unrelated to parental rights and obligations; presuming you are in Nevada and Nevada law is relevant, you should consider our law of child custody, here, child support, here, and termination of parental rights, here.  Then you should confer with family law specialist who knows all of this stuff very well to plan out exactly what to do and how to do it.... Read More

You raise several issues.  Presuming the original decree is silent on the question of the pension, what is being sought is "partition."  The law is new, and the arguments that can be raised by either side are discussed in an article I wrote on the subject called "Partition Actions What Every Nevada Divorce Lawyer Needs To Know (CLE, December 3, 2015)" which is posted here.  As to the "hallway conversation," if there was indeed a "conscious waiver of a known right" that can be raised; the main question will be whether there is any documentation, presuming she denies doing any such thing.  You may wish to consult -- soon -- with a family law specialist highly knowledgeable about this new law and how it works.... Read More

Short version -- almost certainly not.  A termination of parental rights (in Nevada, at least) is a complete dissolution of legal ties -- rights and obligations -- in both directions.  Other states may have different laws, so the place of the order might be relevant.  Of course, any person can choose to make a beneficiary designation to someone else, so if the terminated parent chose to make a bequest to the child adopted by others, he or she could do so.... Read More

You are correct about Nevada law.  See the detailed explanation regarding "relocation" cases here. You can contact the police to ask, but they will probably tell you this is a "civil matter" if you do not believe the child is in imminent risk of harm, and in the company of his primary custodian, and refer you back to family court, where you should file a motion demanding the child's immediate return and, depending on the facts and history, consider requesting a change in primary physical custody based on the move (a recent amendment to the statutes makes such motions a bit easier to bring).  If you are uncertain, you should consult with a family law specialist experienced in relocation and custody cases.  ... Read More

"A lot of money" may mean different things to different people.  The "small claims limit" is $10,000, and self-help forms are available on line.  The evidence of practice and procedure (that is, what you were doing and how you did it) is in your favor -- and the probable absence of any written agreement or documentation of the loans is a problem.  Is there any documentation on the transfers indicating their purpose was a loan rather than a gift?  This sort of case is usually best settled, but if you can't get any cooperaiton, you might have to file suit, in small claims, or a regular civil action.  This sort of case does not really fall within the usual "family court" ambit.... Read More

It is extraordinarily difficult to sue most governmental agencies because of "sovereign immunity."  However, your question is not a family law inquiry; you should consider starting with "tort lawyers" -- you can search at avvo.com or lawyers.com, and see if you get referred to specialty counsel who can advise you regarding such a potential case.... Read More

Your question is a bit unclear.  If you have a "husband," your marriage "license" is long-since final and submitted.  Perhaps you mean marriage certificate, but if so Nevada cannot do anything about it if you were married in California (you would have to amend it there).  Otherwise, you could file a formal name change application; if you want to read about those, you can look at the forms at the Nevada self-help center website, http://www.familylawselfhelpcenter.org/self-help, or hire counsel.... Read More

With apologies, this question is simply too scattered and imprecise to respond to with any kind of coherent answer.  If your question is whether, as the losing party to an appeal, there is anyone to whom to assign liability for the original judgment, the answer is probably "no."  There is simply no way to understand your trust question, but if you have a question, you should look up a will, trusts, and estate specialist and consult with that lawyer about whatever happened to the irrevocable trust you reference.... Read More

Unless there are some facts not dislosed, this is a classis Malmquist situation; both parties have an interet, but it is not "half": ............................. As to apportionment of the house equity, the Court adopted a modified form of holding of the California Supreme Court in In re Marriage of Moore, 28 Cal.3d 366, 168 Cal. Rptr. 662, 618 P.2d 208 (1980).Setting forth a series of detailed mathematical formulas, the community property appreciation share equals the amount by which community property mortgage payments reduced the mortgage principal, divided by the original contract purchase price of residence.  That fraction is multiplied by the total appreciation to yield the final community property share in the appreciation.  The unpaid mortgage balance is essentially credited between community and separate property according to a time rule, depending on the total number of payments made rather than the principal actually paid down in each mortgage payment.The Court held that, normally, improvements must be separately apportioned from equity formulas, and that usually simple reimbursement without interest is the proper measure for both separate property improvements to community property, and for community property improvements to separate property. ............................. As you can tell, the math and legal concepts areq quite complicated.  A furthr explanation and even worksheets for doing such calculations are posted here, but it is in your best interest to consult with a family law specialist well-versed in this subect area, because even most lawyers do not really understand how all of this works.... Read More

The question is too unclear to provide any detailed response, other than the general one that if the decree requires payment of some cost and the other parent is not doing so, make sure you document the request for contribution in writing and then you can file a motion seeking an order compelling the payment, or garnishing funds, or otherwise solving the problem.... Read More

This subject was a topic examined at the annual Family Law Conference about 2 weeks ago, attended by many family law attorneys and judges.  Yes, the child has "rights" -- but one of those is to have a healthy relationship with two parents, if that is possible.  The expert who lectured, reviewing the literature and studies, indicated that in virtually every case of estangement, the children affected are generally benefited by reunification.  That said, every case is different and no child should be put in a position of continuing abuse -- but it is not at all clear from your description that such would occur if reunification was completed.  If you think the therapist is not competently performing the task assigned by the judge, or safeguards regarding potential future abuse are lacking, work with counsel to get clearance for a file review or second opinion by an expert in reunification psychology.... Read More

Unfortunately, your situation is pretty unclear.  It is not clear when orders were issued, how long the son has refused to attend and what, if anythng, has been done abouit it since then.  These cases are all highly fact-specific.  Theoretically, the other parent could file a contempt motion, asserting that you are blocking visitation, so do not allow yourself to be put in that position.  If the existing order is not working for some reason, you can always move to modify it; the rules governing such motions are posted here.  But the reality is that what you probably need is at least a consultation with, and probably to employ, a family law specialist to look at every apect of your situation and give you more certain advice than you can get from an e-mail.... Read More

Maybe.  There is now a "pro bono appeals" project coordinated by the Legal Aid Center of Southern Nevada, which is the local Pro Bono provider and 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

Presuming all this is in Nevada (answers vary in different places), there are multiple layers here.  First, under current NV law, the two bio parents have equal rights absent a court order to the contrary.  See here.  Who is on the birth certificate? (if no one as father, a "parentage" action is necesary -- see details here).  Gay/straight is irrelevant to this issue under current law, as is (usually) citizenship/being undocumented.  Was there an agreement in advance?  The law has changed in the past couple of years to protect "intended parents" including in surrogacy situations, and it is potentially possible to have three "parents" involved if the agreements were set up correctly.  Bottom line is that your situation is complicated enough, and has enough twists and turns, that you should consider a consultation with a family law specialist, in this firm or some other, versed in these subjects.  If you wish to make an appointment here, see the information posted here.... Read More

"Third party custody" is a possibility, as is guardianship.  The possibilities, with the legal references, background, and some explanation, are posted here and here.  None of this is simple or straightforward, except perhaps a voluntary temporary guardianship, if the brother would sign the papers.  To properly go over all of your options, the factual history, and what might be in the child's best interest, it might be best for you to set up a consultation with a family law specialist.... Read More

You should document your claim in writing to memorialize that you told her that you intended to claim the exemptions according to the decree, and that she is in violation of the court order.  You could try to make a deal with her -- and memorialize that in writing too -- to take the exemptions for the next two years in compensation.  If you both claim the kids, one of you, or the other, or both, may be audited.  If you can't reach agreement, you could file a motion to either get the exemptions going forward, or seeking money compensation for the value of the exemptions wrongfully taken from you.... Read More

Short answer is "no" but . . . .  If both parents are on the birth certificate, they have presumptive joint legal and joint physical custody.  That said, you have every right to be concerned if the father has a history of DUI, and you should take steps (i.e., get a protective court order in place) to protect the child. For background information, explanations, and links to the relevant statutes, see here and here.  You should consider consulting -- soon -- with a qualified family law specialist.... Read More