Nevada Family Legal Questions

Presuming the two of you co-own the home, neither of you can "evict" the other, in normal times or during this pandemic.  Either of you could file for divorce, and seek a preliminary order for exclusive possession, as explained here, or if there is a history of actual or threatened violence, file for a Temporary Protective Order as explained here. In any event, you probably need to confer with a family law specialist.  The aphasia may make even that more difficult, so it may be necessary to use email or some alternate means of communication.  But you should not remain isolated an afraid; find out your rights, obligations, and options, and then decide what is in yoiur best interest going forward.... Read More

It is very unclear what "papers" you are referring to or what that has to do with a possible marriage.  It is possible that your question is best addressed to an immigration lawyer, but if your actual question concerns family law, I suggest you call a family law specialist and ask it as clearly and precisely as possible.... Read More

The question as phrased is a bit confusing.  It would seem to make sense to try to find a way to get done where you are everything that the judge (or the case plan) indicates is to be done where you were, and then file a motion asking for consent to stay where you moved.  To answer your question, the judge may not be able to "force you to move," but he can rule against you, or find the plan not followed, if in fact it is not followed or completed where you are.... Read More

Your procedural situation is unclear.  If there i still an open abuse and neglect case, CPS is presumably looking to substantiate the abuse for prosecution, but after a year that seems odd.  if the pediatrician indicates that neurological examination might be of use to the child's future development, it seems prudent to make an appointment no matter why it is being requessted.  You probably should take all of your paperwork and consult with a family law specialist well versed in abuse and neglect cases to determine your options, and any risks to you or to the child.... Read More

Many facts are unclear -- including when and where the events you describe took place, what exactly you signed to "sign over my rights," and the location and ages of the various parties involved (most importantly you and the child), not to mention why you waited from 2018 to 2020 to inquire about it. Presuming this is a Nevada matter, you should consult a family law specialist well versed in Termination of Parental Rights and Adoption matters; if the events described did not take place in Nevada, consult an attorney in the relevant state.  You can get background information on those legal topics here and here.... Read More

Short answer: "maybe."  Much depends on exactly what your divorce decree says, but Nevada law has held since 1989 that the spouse is entitled to payments upon the worker's ELIGIBILITY for retirement.  See the article titled Retirement Plan Division: What Every Nevada Divorce Lawyer Needs to Know (CLE, Ely, Mar., 2013) posted here, and especially its discussion of Gemma and Fondi.  This firm, and our QDRO Masters division, are experts on this subject, so if you have any further questions after referring to those materials, find a copy of your underlying divorce decree and call; we should be able to answer all your questions.... Read More

The precise situation is not completelyclear, but if the problem is confined to transportation issues, the obvious solution would appear to be to alter the pick up and drop off orders so that, for example, instead of the receiving parent picking up, the other parent drops off.  If the problems extend beyond that, you might want to consult a family law specialist about a more extensive resolution.... Read More

The obviuos thing to do would be to file a motion with the family court for clarification.  Or you could seek to mediate the issue through the Family Mediation Center.  Before doing either, the local rules require you to make some effort to resolve the dispute, so you should probably write a letter or email, in calm, neutral language, suggesting what you think is an appropriate solution and requesting a response.  A refusal on the other side to resolve it permits you to seek attorneys fees, if you have to hire a lawyer to pursue the matter.... Read More

These maters are always "complicated," which is why no email response is ever quite adequate, and the questions are never "simple."  In short, per the U.S. Supreme Court, fit parents have the right to determine with whom their children associate -- including grandparents.  That said, there is a satute relating to grandparental visitation, with its own restrictions and rules, which is explained to some extent here.  For a better explanation of the circumstances, risks, and options in your particular case, yoiu should seek a consultation appointment with a qualified family law specialist to go over all of your specific facts.... Read More

The law on this subject has changed; it is not "county" oriented at this time, but the rule for joint custody cases states:           NRS 125C.0065  Consent required from non-relocating parent to relocate child when joint physical custody established; petition for primary physical custody; attorney’s fees and costs.         1.  If joint physical custody has been established pursuant to an order, judgment or decree of a court and one parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the relocating parent desires to take the child with him or her, the relocating parent shall, before relocating:         (a) Attempt to obtain the written consent of the non-relocating parent to relocate with the child; and         (b) If the non-relocating parent refuses to give that consent, petition the court for primary physical custody for the purpose of relocating.         2.  The court may award reasonable attorney’s fees and costs to the relocating parent if the court finds that the non-relocating parent refused to consent to the relocating parent’s relocation with the child:         (a) Without having reasonable grounds for such refusal; or         (b) For the purpose of harassing the relocating parent.         3.  A parent who relocates with a child pursuant to this section before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child is subject to the provisions of NRS 200.359.   For further information,see the materisls and explanation posted here.... Read More

Short answer: "no."  Current law says that you need either written consent of the other parent or court order permitting relocation, and that not getting either could lead to adverse orders up to and including a loss of custody of the kids.  Further details are posted here. You should consider a TPO, and it is possible to request a court order that adds protections, but if he has any relationship with the kids, and has no proof of being a danger to them, the court will want to preserve that relationship.  If not, consider a termination of parental rights case, which would result in you having no obligation to reveal anything about your and the kids location -- but would also mean no future child support.  Details of all those things are posted on the same website.  You have a lot of issues to consider, and might benefit from a full consultation with a family law specialist to go over all your potential options.... Read More

This question cannot be reliably answered without refernce to the actual words of the underlying custody order.  Normally, there is some kind of language (usually in the legal custody provisions) about travel and relocation.  If your decree is too vague, or you think its provisions are being abused, your fix is to re-mediate, or if necessary file a motion, to alter the langauge to more precisely mirror what you think are reasonable limits, and accommodations.  If youi are not sure, you should consult with a family law specialist, bringing copies of all relevant court orders, and a list of your concerns and intended results.... Read More

I simply can't tell what the facts actually are, or what you are actually asking.  I suggest that you consult with a family law expert, rather than trying to get answers through email.  You should construct a timeline, putting all the events you reference into date order, and bring copies of any resulting court orders.  A guide for how to create a timeline is posted on our consultations page, here.  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

Some of the details are a bit unclear; it is not at all clear what you mean by reference to "third party payments."  While it is possible to freeze the spousal share, the default provision of our usual retirement orders (through our QDROMasters order drafting division; see https://qdromasters.com/) is to have the spousal share increase or decrease in accordance with dividends, gains and losses until date of segregation of accounts. As to your question, there is no specific time unless the court set one, although 2 1/2 years seems outrageous on any standard.  If the attorneys involved do not understand pension division and QDRO drafting, your best bet is to get a second opinion from experts in pension division orders, at QDROMasters or another highly qualified source if you have one.... Read More

That depends on what your belief is, and what your objectives are.  Either party can file a parentage action at any time which will quite promptly result in an order for a paternity test, as discussed here.  If she files for child support through the D.A. and you protest for non-parentage, they too will order paternity testing.  You probably should review the posted materials here on child custody, visitation and support, as well as paternity.  If you wish to check out the self-help forms, look here.  Your best bet is to consult with a family law specialist to go over all of your rights, obligations, and options.... Read More

Probably most-straight-forward wouild be to call the TPO office.  THe "Family Violence Interention Program" number is 702-455-3400; the "After Hours Protection Hotline" number is 702-646-4981.  There are more issues involved in TPOs relating to persons not within the jurisdiction of the court than can be adequately addressed by this email, and it is possible that it is something else -- you might want to call the Clerk of the Court -- 702-455-2591, and ask if any actions have been filed with you as a party.... Read More

Your court order should have specific language in it regarding school choice (usually in the "legal custody" section).  Either way, no, he has no authority to unilaterally select, or de-select, a school.  First, see the information regarding custody posted here.  What you really need is a detailed consultation with a family law specialist, in this firm or some other.... Read More

Your question does not really make ense on the facts as stated, unless there is more to the story.  As of the age of 18, "emancipation" is automatic.  That only changes if someone is found to be in need of a guardianship for some reason, in which case the mental, physical, and emotional history of everyone involved becomes relevant.  Presuming this is taking place in Nevada, you can review the rules for guardianships here.  Beyond that, you really should consult wih a family law specialist, who should be able to explain to you all of your options and possible courses of action.... Read More

From that description, it is hard to see what is going on (or had been) or why.  While it does not sound precisely correct, that may have been his perception of perhaps interconnected legal events if, for example, there was a child abuse claim, a criminal prosecution, and a termination of parental rights case. If you know where everyone in question was located at the relevant time, a family law lawyer in that area might be able to do a search of court records (possibly online) to see if such a terminaiton was filed.... Read More

This is longer, and more technical, than can be effectively addressed by email.  As you have perceived, it is extremely dangerous to get involved in substantial real estate (or other monetary deals) with someone married to someone else.  You do not reveal enough about their legal relationship (in mid-divorce proceedings?  Estranged only?  Any paperwork or agreements?) to be certain, but yes, as a precondition to sinking money into such a deal, you should insist on there being a property settlement or equivalent agreement between your boyfriend and his spouse to insulate you from potential claims in their divorce.  It is more complex than can be covered here; you should consult with a qualified family law specialist.  You do not indicate if or why he has not already done such things with his existing spouse, but if he has not, that should be a huge red flag to you.... Read More

You do not actually ask a substantive question.  For background materials, including a great deal of information about how alimony works, and should work, and analyses that might be helpful, click here.  For any better guidance, you should schedule a consultation with a family law specialist well-versed in alimony law and policy, and ask specific questions; it could make quite a difference in outcomes to you.... Read More