Nevada Family Legal Questions

You may be confusing some aspects of physical custody with legal custody -- and they are different, as explained here.  To answer your specific question, no, an award of sole legal will not stop child support.  It is unclear whether your situation is "good enough" for sole legal (such decisions are very fact-intensive).  Other observations:  You can get an order for one-party (you) ability to obtain and renew passports.  Child support is reviewable on changed circumstances, or every 3 years, or to correct mistakes/fraud in an FDF, at any time.  There are things that can be done to collect arrearages, and the D.A., while free, is notoriously slow, inefficient, and does not properly compute interest and penalties.  See here and here. You may want to consider consulting with a family law specialist who can advise you on all aspects of collecctions, and possibly modifying the existing custody and support orders.... Read More

A case was just argued before the Nevada Supreme Court a couple of months ago that might change the rules about who can have a baby's name made or changed -- a decision is due out at any time, and any family law specialist should hear about it when it issues.  From the rest of your question, it seems that you have not been informed about the procedures and rules governing paternity cases, which you can review here.  You also should know about child custody (click here) and child support (click here). Frankly, your best bet is probably to consult with a family law specialist about every aspect of this case -- paternity, custody, and support -- find out what you need to know about your options and choose well, or it could be a long 18 years.... Read More

Do try to keep a sense of perspective -- 4 absences from kindergarten are unlikely to affect a child's chances of getting into Harvard.  That said, if it really does turn into a pattern (and you should be keeping some kind of log in case you are ever asked to substatniate who the child was with when the absences occurred) a court can change the custodial schedule so school drop-offs are left primarily, or solely, to the parent more likely to be able to accomplish it.  For the rules governing modifications of custody, and a lot more information, see here.... Read More

It sounds as if you are now, and may intend to continue, to be involved with your mother (even if only as a landlord).  However, if you wish to pursue formal emancipation, there is a mechanism for doing so.  Ther is an explanation, and may even be forms, on the Family Law Self-Help Centerwebsite, at http://www.familylawselfhelpcenter.org/component/search/?searchword=emancipation&searchphrase=all&Itemid=318.  Your resources are unknown, but you should consider conferring with a lawyer; some schools have lawyers that come in to assist with questions.  If yours is not one of them, and funds are an issue, the local Pro Bono provider (which offers some courses and other resources) 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 (short) consultations offered on Thursdays (in Las Vegas) at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.  For those who wish to attempt self-representation, forms are available at the vastly improved Clark County self-help center website, at http://www.familylawselfhelpcenter.org/. I hope some of this helps.... Read More

The details and alignments are a bit unclear.  However, the simple answer is have mom quit-claim the property back to you -- it will not change the mortgage obligations in any way, but will remove her, and therefore any potential derivative direct claim by her husband -- against you or the property.  If (as is likely) the situation is actually more complicated, your best bet is to confer with a knowledgeable family law specialist.  For a basic explanation of how marital property claims work in Nevada, see here.... Read More

Some of your inquiry is unclear -- "clarification on adonishment for joint custody rights" for example, is a phrase unknown to family law -- but it appears that your primary question is what is required under the terms of your current order, which can only be answered by looking at that order in detail.  "Joint legal custody" may encompass a great number of variations and requirements, as discussed in the explanation and references here, but it is impossible to tell what your order requires without looking at it and all related documents.  You should schedule a consultation with a knowledgeable family law specialist as quickly as possible -- you will then know the full range of your obligations, and your options in responding to your ex's demands.... Read More

Short answer: "no."  Long answer: "Maybe . . . ."  Presumably, the step-mom is there with or on behalf of the father, with his consent.  If not, normally doctors will take directions from the parents as to who should and should not be present.  If so, the question becomes why you have a problem with it.  If you believe there is some actual risk of harm to the child (physical, mental, or emotional), youi can ask directly to your ex that the step-mom not attend, and if you are refused ask the court to issue such an order, either on that point directly or giving you complete control over medical matters relating to the child; making medical decisions is one aspect of "legal custody" which a court can divide however appropriate between parents.  For details, see the information, materials, and links posted here.... Read More

Adding someone as a co-owner of property is simple -- just execute a quit-claim or grant, bargain, and sale deed from you to you AND him.  As to whether you want to do so, that is another question -- it would appear to constitute a "transmutation" of the property -- essentially a gift of half the equity, which may not be the result you will want to be true now, or sometime in the future.  See http://www.willicklawgroup.com/property-rights-and-division/.  If you are at all unsure of what you are doing or why, seek out the advice of a family law specialist before signing anything.... Read More

There are a lot of unanswered questions, and getting to the bottom of them will probably take a full consultation with at least one competent attorney (maybe two; see below). That said, the meeting with competent family law counsel -- a family law specialist -- should focus on the divorce paperwork and (to the extent you know it) WHY the choices that were made, were made.  From your description, things seem out of whack, but there may have been other facts explaining why claims were not made; it is just not possible to tell from the information provided. It may, or may not, be too late to do anything about it.  There is a limited amount of time for rehearing, a slightly longer time for filing an appeal, and somewhat longer period for a motion for relief from a judgment (if there are grounds for such a motion).  It is not even possible from your question to tell where such a filing, if still timely, might be made -- if your divorce was in California, that is where any of the filings mentioned must be done. Your ex-husband is not liable for malpractice -- he did not represent you.  Whether your divorce lawyer might be liable depends first on the results of the conversation with a family law specialist as to whether there was legal error and whether it is possible to do anything about the merits at this point, and then possibly with malpractice counsel -- if that action is still timely (there are time limits for those actions, too). First figure out which State you must proceed in, then get a full consultation with an appropriate family law specialist (if you do not know where to begin, consider searching the "Find a Lawyer" function of the American Academy of Matrimonial Laywers, at aaml.org.  Then get information, weigh it carefully, and your next steps, if any, will probably be pretty clear.  Good luck.... Read More

Your question is a little unclear, but ordering one party to "fix" someone else's credit is not what family court judges typically do.  What they might do is reduce arrears to judgment -- possibly with interest -- or impose other penalties for non-compliance with the Decree and its payment terms.  It is possible for you to seek modification of those terms, if it really is impossible for you to comply with them, but that is a tough sell in most cases.... Read More

The short answer to your question is "yes" -- a coiurt CAN terminate rights whether or not the bio parent being terminated agrees to it.  But it is never a good idea for any attorney with any good sense whatsoever to say what "the courts" will "favor," without knowing ALL the facts and circumstances involved. Here, based solely on the facts revealed, you probably have both "jurisdictional" and "dispositional" grounds for a Termination of Parental Rights ("TPR").  But the devil is in the details -- what happened 4 years ago to cause him to lose contact, and when was support last paid?  When did he last attempt contact, and what happened at that time?  For an explanation of the topic, including links to relevant statutes and other relevant materials, see http://www.willicklawgroup.com/termination-of-parental-rights/.  Also http://www.willicklawgroup.com/adoption/. For an actual evaluation of your case, your options, and some idea what to do and how it will probably come out, you will need a full consultation with a family law specialist, in this office or another one -- starting with all of the divorce paperwork, and including answers to the questions asked above.... Read More

A few thoughts: Unless the ex got a stay, her appeal does not bar enforcement actions in the trial court -- your spouse could move to "re-enter and sell," or force the sale withouit taking possession, or do perhaps other things, regardless of whether his ex appealed. You may be wrong about the old house interfering with your ability to purchase one.  If she was awarded the house, and has actually made all payments, the mortgage regulations permit lenders to ignore that house after a few years when considering whether the not-in-possession spouse can get a new loan. Finally, this is almost certainly a civil, not criminal, matter. If you are not making headway, you should probably conferr with a family law specialiset well versed in such matters, to devise a strategy for getting to "done."... Read More

The situation is terribly unclear.  It might be best if you contacted, and then had a consultation with, the senior citizens law project: Southern Nevada Senior law Project530 South Las Vegas Blvd., Suite 310Las Vegas, Nevada 89101Telephone: (702) 229-6596Fax:             (702) 384-0314TTY:            (702) 386-9108See http://www.snslp.org/. Or contact its coordinator, Sugar Vogel svogel@snslp.org Perhaps they could answer your questions, or guide you to someone who can.... Read More

As phrased, the question does not appear to make sense.  A "power of attorney" is a document permitting one party to act on behalf of another, generally or as to specific actions.  You may have be more clear about what sort of information is ought to be "restricted," and why and how.... Read More

Short answer (presuming you are talking about a relocation, not just a vacation): yes.  Under Nevada law, "If custody has been established and the custodial parent intends to move his or her residence to a place outside of this State and to take the child with him or her, the custodial parent must, as soon as possible and before the planned move, attempt to obtain the written consent of the noncustodial parent to move the child from this State. If the noncustodial parent refuses to give that consent, the custodial parent shall, before leaving this State with the child, petition the court for permission to move the child. The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent."... Read More

Short answer: "No."  Until some court has entered an order, the parents have exactly identical rights of legal and physical custody; filing a motion asking for something does nothing to alter that.  If there is a danger, or some other emergency, speak with your lawyer about an order shortening time, or even an ex parte request; otherwise, while you can "want" anything in the world, you can best avoid self-help by both parties by making some temporary arrangement you can live with until you get to court.... Read More

I can certainly understand your anxiety, but the facts are simply too unclear and confusing to respond in any meaningful way.  You should gather together all of the relevant paperwork -- meaning everything you have received from the other parties to this matter, and CPS, and certainly the courts, and schedule a consultation appointment with an attorney well versed in child abuse andglect (CPS) matters; if you cannot locate such an attorney, call a family law specialist or two and get referrals -- the time and money may be the best investment you can make in your own peace of mind.... Read More

Yoiur question is not a family law matter, but a wills, trust, and estates question.  I suggest a call to a practitioner in that field, but you will have to fill in a lot more facts -- the question is so vague that it is hard to tell what happened, why, who the actors are, or precisely what the question is.... Read More

It is a bit unclear where you are procedurally -- never married, married and divorcing, post-divorce, etc.  If there are prior orders, it would affect the oiutcome.  If not, and for whatever reason you are looking at an initial order, then primary or sole physical custody seems likely on the facts you present.  For the actual factors, an explanation, flowchart of steps, links to the controlling statutes, explanatory videos, etc., see the information and materials posted at http://www.willicklawgroup.com/child-custody-and-visitation/.  But what you will need to actually get an evaluation of your specific situation is a consultation with a qualified family law specialist.... Read More

Should you "worry" about being asked to sign papers you don't understand about transactions you do not know about by people you don't trust?  Absolutely.  But your question is one of probate, wills, trusts, and estates, not family law.  I strongly suggest you contact and consult with a laweyr knowledgeable in that area -- and get a copy of whatever you are being asked to sign for that lawyer to review -- before signing or agreeing to anything.  Both for peace of mind and pocketbook, it is a wise expenditure of funds.  If you do not know of any such lawyers, we could provide a referral if you wish, or you could contact the Nevada State Bar, or review AVVO or Lawyers.com to look for such a specialist. Good luck.... Read More

Short answer: yes.  Employment is not a requirement for custody, and often the stay-at-home partner has done much or most of the child care historically. You have lots of other concerns, however, including that any custody action -- if anyone files within 6 months -- will be in Nevada.  See "The Basics of Family Law Jurisdiction," posted at http://www.willicklawgroup.com/child-custody-and-visitation/.  At thtat location, youi will find the relevant statutes and guides to what factors are actually relevant in making a custody determination. Mostly, however, what you appear to need is a consultation with a knowledgeable family law specialist, which you should seek out just as soon as you can.  ... Read More

Start with the orders -- both the original decree and the order granting the current (existing) relocation.  If the answer is not completely clear from those, the law will be little help; judges have gone both ways on the question of whether "secondary" moves require further applications to the court (in the absence of consent given by the left-behind parent). To be as safe as possible, consider giving notice of the planned relocation and see if you get any kind of push-back.  If so, you should consult counsel; if not, plan the move, execute it, and send a follow-up note indicating that you took silence as acquiescence to the relocation.... Read More