Nevada Family Legal Questions

Not nearly enough information was supplied for a complete answer.  The first question is what your court order provides -- it might have a termination-on-cohabitation clause, or not.  It might claim that it is modifiable at all, or not.  After you review the terms of the court order, review the information posted at http://willicklawgroup.com/spousal-supportalimony/.  If that does not answer your question, consider scheduling a consultation with a family law specialist, in this firm or otherwise.... Read More

Not nearly enough information to say much of substance; I suggest you review the rules governing custody determinations -- including "third party" custody, posted at http://willicklawgroup.com/child-support/.  Then look at the other pages on the site addressing guardianships and termination of parental rights.  You will probably have to consult with a family law specialist to find out what you could do in the specific circumstances of you case.... Read More

Much will depend on the law of the state that handles the divorce.  You are pretty vague as to why you think you could file in either Georgia or Nevada, which may (or may not) be true.  For some details on that question, see the materials (especially the "Basics of Jurisdiction" article) posted at http://willicklawgroup.com/grounds-and-jurisdiction/. Presuming there is some legitimate Nevada connection, and under Nevada law only, for background, see the information posted at http://willicklawgroup.com/property-rights-and-division/.  Short version:  it depends on what is being awarded -- pain and suffering generally belongs to the injured party as separate property, lost wages and property damage to the spouses jointly, and loss of consortium to the spouse of the injured party.  But you do not have to wait for the suit to be concluded to make a claim for a portion of it in the divorce. As with most things, there are a lot more details.  You should consult with a family law specialist in whatever state you will be in court.... Read More

Short answer: "no."  Cases are not "transferable."  If everyone has left CA, you could move to dismiss there, and re-file here.  You COULD do that even if someone remained in CA, but I can't imagine the other side would stipulate to do so, and absent such a stipulation, there is no way to terminate the case there and re-start it here, presuming that both sides have either claims, or counterclaims, pending in the original action.... Read More

There is no legal prohibition in EITHER parent, in an intact marriage, going wherever they want and taking the kids with them (the rules for MOVING to another place are different from VISITING).  However, the fear of kidnaping is such that as a practical matter you might not be able to actually cross the border without consent of the other parent or a court order saying you d o not need it.  If you are "planning to divorce in the near future," perhaps you should file now and ask the court for such an order (ask your spouse first; the forms on our website may give your husband adequate reassurance that you will, in fact, return.  See: http://willicklawgroup.com/child-abduction-kidnaping-and-recovery/ http://willicklawgroup.com/child-custody-and-visitation/ If that is not sufficient, you should consult with a family law specialist.... Read More

Not really enough details.  Your wife -- where does SHE live?  Under normal jurisdictional rules, you can file for divorce where either party is a resident, so if she is here in the U.S. somewhere, you should be able to proceed to divorce in whatever state she is a resident.  For background, see http://willicklawgroup.com/grounds-and-jurisdiction/.... Read More

Your facts are unclear -- the warrant is against him, or you?  In any event, a response is called an "Opposition."  If you do not have a lawyer -- which would be best -- consider using the self-help center forms.  See http://www.familylawselfhelpcenter.org/.  Then consider hiring someone knowledgeable about doing collections to get the money you are owed.... Read More

If the decree was from AZ and the ex still lives there, that is where you have to file the motion -- and the court can either force her to sign or sign in her place -- and possibly award you fees for having to do all that (al of which you should tell her before you file).  The kind of loan should not make a difference on this point.... Read More

Your facts are pretty confusing.  If someone with custody of one of your children applied for welfare, yes it is very possible that the state will look to you for reimbursement.  You could, of course, file a motion to modify the support obligation -- even using forms through the family law self-help center.  See http://www.familylawselfhelpcenter.org/.  If you are not sure what to do, you should chat with a family law specialist.  If you have no other access to legal assistance, consider going to one of the Thursday afternoon (free) sessions of Ask-A-Lawyer at family court.... Read More

What to do and how to do it is detailed in chapter 129 of the Nevada Revised Statutes; see http://www.leg.state.nv.us/NRS/NRS-129.html.  Before going through all that time and effort, though, you should chat with a family law specialist to find out if it is worth it; there may be a faster and easier way to accomplish whatever you are trying to accomplish -- and there could be some legal unanticipated consequences you should know, as to your status and eligibility for lots of things, from support to scholarships. If you have no other access to legal assistance, consider going to one of the Thursday afternoon (free) sessions of Ask-A-Lawyer at family court.... Read More

The question is very unclear.  If you mean can a 16-year-old LEGALLY decide to move out of a parent's home, the short answer is "no."  Until age of majority (or emancipation), a parent has the right to determine where a 16-year-old will live.  If the question means something else, you will have to clarify it.... Read More

Your facts are a bit vague, but the usual answer if someone is in violation of a decree is to file a motion in family court; do not be bullied.  If he refuses to comply with the existing order, he could lose even joint custody.  But it wold almost certainly be wise for you to consult with a family law specialist before taking any action, so your specific paperwork and circumstances can be reviewed, and all of your options can be made clear to you.... Read More

You can file for divorce anywhere that local law permits, but there are many complications to international divorce (we recently completed a case involving a divorce in Russia but child custody jurisdiction existing in Nevada -- it took nearly two years and was very complex. You do need to figure out which court has jurisdiction concerning the child.  We have posted an article on the subject at http://willicklawgroup.com/child-custody-and-visitation/. Do not be bullied or intimidated.  But you appear to need at least some information, and perhaps assistance.  There are free short consultations at Family Court in las Vegas on Thursday afternoons, and there is a reduced fee panel through the State Bar.  I do not know why you were denied assistance through LACSN for pro bono services, but if it was because you do not meet their income thresholds, you should have sufficient resources to get at least some solid legal advice -- which I would suggest doing, even if you have to borrow money to get it, before filing for divorce in a foreign country.... Read More

No attorney would answer a "should" question without knowing all the facts of a case in-depth.  You appear to be correct, and the Bounds of Advocacy specifically forbid using child custody for either financial leverage or vindictiveness. That said, you only have the options of capitulating (which does not seem reasonable; I presume you need the child support), or filing the motion to change paper custody to match the actual custody.  It would be best if you had the "could not handle the children" notice in writing, but you can use what you have (your word, and the record of what has actually been done since then) against his version of the story. Under Rivero (to review the case, see http://willicklawgroup.com/child-custody-and-visitation/), the Court will normally do a "one year lookback" to determine what custody has "actually been."  It has been less than 6 months since the custody schedule changed, so it is difficult to know with certainty how the Court will look at the situation; it is possible, with the schedule you describe, that the court could find that you have been "de facto" primary custodian for half a year, and preserve that status; or, not.  To answer your question, a full year would have been best, but it does not appear that you have the luxury of that much time. If you do not have adequate legal counsel, you should get it -- these cases are highly fact-driven, and pretty complex, and few are able to competently go through them without assistance of a family law specialist.... Read More

There is not information to answer this competently.  If all parties are adults, and your husband separately owns the house your daughter was living in, then presumably he has the same rights as any other landlord -- and your daughter has the same rights as any other tenants; some information and forms that might help her are on the Clark County Civil self-help website. Threatening to do something legal, however distasteful, is not "extortion" or "blackmail" in the conventional sense.  Your lawyer should go over with you what options you have; consider them, and pick that which you think best for your self interest -- and do not give up your rights due to pressure related to third parties -- if your husband is willing to estrange his own children to try to pressure you, he is the one that will -- eventually -- suffer for it.... Read More

There are a couple of different questions here.  As for your first question, in Nevada today, the answer is "maybe," as the Nevada Supreme Court has never expressly ruled on the subject.  And there are cases on both sides of the question from around the country -- but when we represent the non-employee spouse (the person in your position) we routinely request the value of those benefits, and routinely get them for our clients. In the bigger picture, make sure you are not losing sight of what is usually much more valuable -- the retirement benefits, including an Option selection that secures you a survivorship interest.  This is critical, and must be taken care of before the retirement.  You should consult with this office, or that of another family law specialist very well informed on retirement benefits issues, as soon as possible.... Read More

You do not provide enough information to even begin to provide a meaningful response.  "What are the laws" as to what?  Custody, visitation, support, divorce?  Something else? You can find some background at: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ Consider having a consultation with a family law specialist to go over your specific facts and circumstances.... Read More

Short answer:  probably yes. Unless you or the woman you married did something to terminate the marriage -- even if it was found to be a "green card marriage" and a violation of statute -- the marriage itself was still lawful and exists until someone does something to terminate it.  Your other questions cannot be answered based on what you have provided.  First, the explanations and materials posted at: http://willicklawgroup.com/divorce/ http://willicklawgroup.com/annulment/ http://willicklawgroup.com/grounds-and-jurisdiction/ You really need to have a consultation with a qualified family law specialist to go over exactly what happened, what court orders or other documents you have, and what your options are at this point.... Read More

Presuming it is not in violation of your existing orders, you do not need to be physically present for your spouse to take care of the kids of whom you have custody.  The extended absence could prove to be a problem if a physical or legal dispute occurred between your spouse and your ex while you were away. At minimum, you should have a power-of-attorney drafted for all necessary health and welfare custodial purposes.  A formal guardianship is probably unnecessary, since the children will remain in your actual, if long-distance, custody.  If you think a dispute is likely, consider asking the family court to explicitly order the spouse to act in your absence in advance, which should shield against the chance that the ex might make a scene in your absence.  For background, see: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/guardianship/ You can file yourself through the Clark County Family Law Self-Help Center forms, or you can consult with, and file through, a family law specialist.... Read More

From your explanation, the man IS in fact the biological father.  The relevant statute, however (NRS 126.053), provides that a person who has signed such an acknowledgment of paternity may rescind the acknowledgment "within 60 days" after it is signed.  If he has done that, and you want him bound to an obligation for support (and also to gain the right to seek custody or visitation rights) you (or he) will have to file an action for paternity, custody, and support.  It is difficult to see what is really going on in your facts, but you should probably seek specific advice from a family law specialist in this office or some other family law firm.... Read More

The Clark County Family Law Self-Help Center has a form set and explanation for the circumstances in which "Both Parents Agree to the Name Change (or one parent is deceased, unknown, or has no legal rights)."  The forms have recently been revised, and there does not appear to be a Guardian requirement.  To examine the easy-to-read explanation, and the forms, go to http://www.familylawselfhelpcenter.org/self-help/47-name-changes/name-changes-for-children/196-uncontested.... Read More

Well, the fastest way would be to hire counsel where the mom lives and file a paternity action there.  Since he is asserting paternity and the conception is alleged to have occurred in Nevada, he could file a paternity action here and she would be required to respond, but the realities of getting testing done between states will probably take a bit longer.  If money is a concern, he should call the District Attorney Family Support unit and inquire how to use the D.A.'s office to initiate a paternity case; it will be slower still, but will cost little or nothing.  Of course, support for both kids will be in play.  See: http://willicklawgroup.com/paternity/ http://willicklawgroup.com/child-support/  ... Read More