Nevada Family Legal Questions

You sound like a perfect candidate for an adult name change; it is reasonably straightforward, although there are filing fees, publication expenses, and a bit of delay, and then follow up with Social Security, the DMV, and anyone else who has a mis-match between your records and the name you wish to use.  Dealing with it now, however, either through counsel or through the self-help forms, will save you years of aggravation down the road.... Read More

Parental "unfitness" has a lot of cases, notably in the Termination of Parental Rights situation where a parent neither supports, nor has contact with, a child.  Your description is a bit vague, but that does not sound like your situation.  General "bad character" evidence is not the same as unfitness for custody or visitation.  From your description, the judge is obviously trying to accomplish something, although there are also family court judges who, on similar facts, apparently terminate ongoing visitation unless a parent cleans up.  My suggestion is to have a detailed consultation with a qualified family law specialist for an analysis of what is being done and why it is being done, because it seems that the court is seeing, or believing, something different than you are.... Read More

There are multiple layers to the rather sad story you tell. To answer your basic legal question, emancipation of minors is governed by NRS chapter 129.  You can read the relevant statutes here: http://www.leg.state.nv.us/NRS/NRS-129.html Especially see NRS 129.080 to 129.140.  If you need help understanding this, or how to accomplish it, or whether you should try, consider attending a Thursday afternoon Ask-A-Lawyer session at Family Court (it's free). Of course, perhaps emancipation is not actually what is in her best interest; maybe a temporary guardianship, or even custody by a third party -- which preserves rights to obtain child support from the natural parents -- would be a better response. In any event, some mental health counseling seems necessary -- if her school cannot point out resources, consider doing a search for Nevada mental health.  Preserving her health and welfare until she turns 18 would seem the top priority.... Read More

There is no explicit case on point, but on your facts, I think the statute would prevent them from invading your time. NRS 125C.050 governs grandparent visitation cases; while it speaks in terms of "a parent" having denied visitation, it requires that visitation has been "denied or unreasonably restricted" as a basis for even ASKING for such visitation.  If they are getting contact during dad's time, it would seem to me that they do not have a valid basis for complaint.  At least that is how the judges have ruled in the cases I am familiar with. For the grandparent's cases, statutes, etc., see the explanation, materials, and links posted on our Child Custody page: http://willicklawgroup.com/child-custody-and-visitation/ If you need further assistance, of course, you should consult with a knowledgeable family law specialist.... Read More

Your question is too vague to answer.  If the name on your ID does not match your birth certificate, there is obviously some reason for it.  I would think the DMV would simply re-issue your ID with your birth certificate name if you presented proof (but this is really an administrative law, not a family law, matter).  I suggest working with the bureaucracy, first over the phone, and then showing up with a copy of the birth certificate and an appointment, if they will make you one, with someone who knows what to do and how to do it. If Social Security is under a different name, you will need to go through the same process with them, but separately. Finally, if the bureaucracies tell you that you "need a court order," try to see a supervisor and get a different answer; if that fails, get a citation to SOME authority other than a bureaucratic knee-jerk, for their response, and if you absolutely need to obtain a court-ordered resolution, see me or some other family law specialist about an adult name change.  They are not difficult, normally, but it will take a month or two, and will have some costs, so if you can solve the problem on your own, you should do so.... Read More

To the best of my knowledge, no one has ever challenged an in-court order from the judge to take a drug test, reveal the contents of a wallet, show a tattoo, etc., which kind of orders are actually made all the time -- so it is hard to say what the limits on judicial power of that kind would be (the question is not so much a family law question as a criminal law/Fourth Amendment question).  If it was demanded, and you complied, there is probably little you can do about it at this point; if you refused, and were detained, consult with criminal defense counsel for your options.... Read More

Nevada has no "age of discretion" but a child's wishes may be taken into account if the child is determined to be of "suitable age and discretion."  In my experience, 7 is too young, really -- the dispute remains between the parents, and the question is WHY the child has the attitude he does -- which can cut either way.  For background, the relevant statutes, etc., see http://willicklawgroup.com/child-custody-and-visitation/.  For a more detailed review of your facts, circumstances, and options, schedule a consultation with a family law specialist.... Read More

Your facts are a bit unclear, and the missing information determines what course of action to take.  The first question is "Which State entered the divorce decree?"  If it was a NY order, you should probably make your first inquiry with NY counsel, even if you end up pursuing your ex in another State, which I presume is Nevada.  If the decree was entered in Nevada, you can start here. The first part of the review is a review of the underlying order, presumably to be followed up with a formal demand, and then litigation if necessary.  Frankly, your mention of "retirement" makes no sense to me in the context, and it might be best for you to go over all the facts, once the order is reviewed, in a consultation to determine exactly what happened and what to do about it. Do not wait, however -- now that you know the money has been intercepted, there may be statute of limitations issues and practical matters of collection, both of which indicate that you should move as quickly as possible.... Read More

Short answer:  yes.  Presuming the paperwork says precisely what you say it says, and that there has been no "stay" of the order (such a stay has to be specifically requested and granted), then the order is enforceable -- and collectible -- during the pendency of any appeal. For some details, see the article: Enforcement of Judgments: Appeals Stays & Liens (Advanced CLE, Las Vegas, December, 2010), posted at http://willicklawgroup.com/published-works/. For further details, consult a lawyer knowledgeable about family law appeals.... Read More

While this does not appear to be a family law question (it is more employment law, or perhaps even civil rights), the question would appear to be whether your husband would be considered "on duty" during whatever time you had planned to meet.  If not, with few exceptions, employers have no known right to dictate where employees go, who they meet with, or what they do.... Read More

This question was answered in detail previously, but it appears that the earlier response did not post properly.  In summary, SOME things can be reviewed years after a decree, but other things become "final" after 10 days, 30 days, or 6 months (there are various rules on various topics).  Just not presenting the information that was known in a trial two years ago is probably not good enough to have another hearing on the matter.  Your facts are pretty vague. 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.clarkcountycourts.us/shc/Supporting%20Documents/self_help_supportingdocs.html.... Read More

Maybe.  There really are not enough facts there to answer such a question, which is really not so much "family law" as "wills, trusts, and estates."  You should consult with a will, trust and estate lawyer, going in with SPECIFIC information about what that trust with the ex is all about, and what, if any, assets accrued during THIS marriage, including whose name is on which assets (houses, cars, bank accounts, business ownership documents).  You should be able to get an idea of what is likely to happen if anyone dies.  If you are interested in finding out what, if any, of those assets are likely to be awarded to you in the event of divorce, take the same information to a consultation with a divorce (family law) specialist.... Read More

No piece of paper will "ensure" any person acts properly; it merely creates the ability to do something about it if someone does not do so. If you have a court order with specific terms ("the child is with mom on Tuesdays") then yes, the police will normally assist in enforcement, but this is usually not good for the child, and a crummy way to go through life.  Yes, your attorney can file a motion, requesting enforcement and/or contempt sanctions.  But it is probably in the best interest of everyone involved to get to the root of the actual dispute, and reach agreement or, if impossible, an order on the underlying issue.... Read More

Short version:  Before moving with a child you need consent of the other parent, or permission by the court.  The statutory rules -- and the main cases -- dealing with "relocation" matters is posted at http://willicklawgroup.com/child-custody-and-visitation/.  You can save yourself a great deal of grief by consulting with a competent family law specialist prior to leaving the state with a child.... Read More

Several different questions. Technically, "Esq." when used in America means "lawyer," so if your ex is in fact a lawyer, it is a proper title, like "Dr."  If he is not a lawyer, it not legitimate to do so, although it is hard to imagine anyone prosecuting such a misrepresentation unless he was using it to defraud someone out of money, etc. As to whether he is or is not responsible for dental bills, it depends on the underlying court order, and facts.  Normally, medically necessary medical procedures are split between the parents.  Consult your written order, and then consider seeing a family law specialist.  Meantime, some background is posted at http://willicklawgroup.com/child-support/.... Read More

It is hard to tell from your description what exactly has gone on, or is going on, or why.  Short term, do whatever you think is necessary to protect your mother or her funds, keeping records so you can show what you did and why it was reasonable to do so.  Longer term, you need to consult with an elder law attorey attorney.  If you have no other resources, consider calling the Senior Citizens Law Project, which has pro bono (free) resources: 229-6596.... Read More

There are not enough background facts to answer such a question -- a lot depends on what happened to create this situation.  If you have no job, and no money, you can still get some advice, which is what you need. 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.clarkcountycourts.us/shc/Supporting%20Documents/self_help_supportingdocs.html.... Read More

Unless I mis-understand your facts, there is probably nothing you can do, at least here.  These things do not happen quickly, normally, and it is unclear how long ago all this occurred.  I'd suggest starting with an adoption specialist in California, as anything you might still be able to do would have to be done where the adoption (and probably, termination of parental rights) proceedings took place.  If you have no other resources to seek counsel, consider starting with the names and practice summaries posted at aaml.org.... Read More

My guess is that there is some inaccuracy in the question -- "URESA" stands for "Uniform Reciprocal Enforcement of Support Act" so unless some child support agency had a warrant out for your girlfriend's arrest, the fact pattern does not really make sense.  I suggest you contact a lawyer -- with copies of the relevant paperwork -- as soon as possible.... Read More

Well, you do not indicate how long the reality has been any different than what the decree says.  There is a case called Rivero that indicates that if there is a court case, what the parties have actually been doing for the past year will determine the legal label applied to their conduct.  For details, see http://willicklawgroup.com/child-custody-and-visitation/. Generally, however, if what you want to do is exercise custody and visitation precisely as the order indicates, the reasonable thing to do would be to give notice in writing that such is your expectation beginning on a certain date, and then begin acting in accordance with the existing order.  Anyone unhappy with that arrangement would have the burden of going back to court to change it.... Read More

You do not indicate if there has been a court order of any kind (paternity, custody, support, etc.).  Technically, if there is no court order establishing custody, either parent can go or do pretty much anywhere or anything (some judges indicate that they disagree with this analysis).  But if this is where the kids have been living for the past 6 months, it is their "home state," and therefore the place where any child custody and visitation case would be heard, even if you leave, at least for the next six months.  You can get a lot more information, about both custody and relocation questions, at http://willicklawgroup.com/child-custody-and-visitation/.... Read More

It depends on EXACTLY what the court order says -- and if the language of the order is not what you think it should be, you have the right at any time to seek mediation -- or a court hearing -- to change it to what you think was intended, or what it should be.  As a matter of common sense, when a parent has one child on his or her birthday, the siblings are permitted to go with that child to participate in whatever birthday events have been planned, but if your decree does not specify that order, and your ex will not budge, you may need to modify the court order.  If you do have to go to court to get what should be common sense, request fees.... Read More