Nevada Family Legal Questions

Yes, and this area of the law is moving very quickly, with contradictory indications from the various courts.  About all that will fit in an e-mail response is to hire competent family law specialist counsel well versed in paternity matters as soon as possible.  Meantime, you can get some background on the issues here: http://www.willicklawgroup.com/paternity/.... Read More

Your facts are pretty confusing.  It is unclear what is really going on, although it appears that you have at least two separate dimensions -- whatever ongoing conflicts you are having with your husband, and whatever case file CPS has started relating to a perceived danger to the kids from either your conflict with your husband or from some other source.  You should try to obtain counsel if at all possible in advance of that initial court date, at which time everything will probably be clarified, but you may be able to get a copy of the initial CPS paperwork in advance, and you should try to do so.... Read More

Short version:  "no."  I have recently litigated this and all the relevant law -- including the New York cases -- says that it is the State of birth of the child that has exclusive jurisdiction over the issue of child custody; if you move to Nevada before the child is born, that State will be Nevada. What may be confusing you is the distinction between jurisdiction and substantive orders.  Anyone with a filing fee can file a motion asking for anything -- including that the other party be made to do something (like move to some other State).  While it is theoretically possible that such an order could be entered, it does not seem likely on the few facts you have revealed. Either way, the 6-month rule that it appears you are being told of concerns gaining a new Home State for child custody purposes, and in your situation, is irrelevant -- Nevada will be the child's Home State instantly if the child is born here. You may want to see the information posted at http://www.willicklawgroup.com/child-custody-and-visitation/, especially the article on the Basics of Family Law Jurisdiction.  You did not say where you did or intend to file for legal separation, but it might not be a good idea to do so in a State where you do not intend to live -- at least until after you have relocated.  Getting good advice in both New York and Nevada should be near the top of your agenda BEFORE filing anything.... Read More

The first question is the legitimacy of the request from the insurance company -- you want that demand in writing, and should compare it with the policy to see whether such hoop-jumping really is required.  Presuming you conclude that it is, you can respond that a guardianship order with no time frame is "permanent" (until changed), satisfying their request, which is a true statement if your facts are what they appear to be.  See http://www.willicklawgroup.com/guardianship/.  If that fails for whatever reason, consider a consultation with a guardianship expert to request a modification to the existing order.... Read More

It is difficult to see what is really going on from your question, but you really should consult with counsel who knows the system well.  There should be a preliminary hearing within a couple of days, either way, in which the reason CPS believes that there is evidence should be explained, and you will have an opportunity to get the judge to return the children if protection does not appear to be warranted.... Read More

There is no known case directly "on point" (controlling this question).  Looking at things more generally, your sister can certainly file a motion protesting the ongoing violation of the agreed terms, and make the request for the kids to live at home.  Whether such a request would be granted depends on a lot of facts not revealed by your question -- including what caused the kids to go with the grandparents in the first place, what the criminal matter was and whether it related to the kids or their welfare, and all of the other kids of factors considered for custodial placements and changes.  To see those, refer to the materials posted at http://willicklawgroup.com/child-custody-and-visitation/.... Read More

There is not much in the way of "black letter law" as to such matters.  Of course, if there was some formal agreement, bailment, contract, etc., between you and your relative, the terms of that agreement would be pretty important.  In the more normal situation of a "he said/she said" as to what either of you said or intended a year ago, I can express very little of an opinion.  The way this usually plays out is a disagreement as to what those terms and conditions were. I would send written notice that the stuff has to be removed, and give a due date (keep a copy of the letter), informing the relative that if it isn't, you will be depositing it into a storage locker at XXX place, at his/her expense (ditto on the moving costs, if you have to hire someone).  Then have it moved, put the storage unit in your relative's name, and tell him or her how to get the key to the lock.... Read More

Possible?  Sure.  Under the statutes, the divorce court can make any temporary orders it deems appropriate during the pendency of a divorce.  Of course, getting into court in less than a week is going to be a challenge, and probably impossible.  Until then, you and your wife have exactly equal legal rights to the kids, including as to school choice, so if you are living in separate places, there may be 2 possible school zones.  Usually -- but not always -- school choice follows primary custody; if custody is joint, it might be a matter of decision, which it probably should be in any event. For some background information, see http://willicklawgroup.com/child-custody-and-visitation/, but you really should at least consult with a family law specialist on such matters if you are trying to avoid mistakes that could be long-lasting, or even permanent.... Read More

It is never wise to comment on a document that you have not personally read, but if your Decree says what it probably says, the loss of the house is his risk, not yours -- the debt to you was established based on values existing at the time of the divorce, and the obligation to you should not be dependent on post-divorce events. Of course, if he really does go bankrupt and loses everything and has no money, there is a "blood from a stone" possibility; you may have to renew your judgment (6 years) and plan a strategy for involuntary collections.  The Siragusa clause is intended to allow alimony to be ordered if he defaults in the property payments; some lecturers have opined that such clauses violate federal bankruptcy law. Your best bet may be to chat with your divorce lawyer about collections, and if that is not satisfactory, seek a second opinion by an attorney versed in both family law and collections practice.... Read More

Without having what? Regardless of how well everyone is getting along, you really should have all the paperwork done by someone knowledgeable about adoptions.  And you do have some decisions to make as to the kind of adoption you want to have.  For background information, and to review the decisions you have to make, see the information posted at http://willicklawgroup.com/adoption/.  If you are determined to go ahead without counsel, you can find forms for many family court procedures at http://www.familylawselfhelpcenter.org/.... Read More

The devil is in the details, of course, but the short version is that the obligation follows the child.  If the child goes to live with the other parent, the support will probably never get paid because no one will be requesting it.  If adequate provision has been made for nomination of a guardian for the child, and that guardian pursues the support arrears (usually requiring private counsel diligently working on it to actually make it happen), then yes, the child can receive ordered support regardless of survival of the custodial parent.... Read More

Actually, if you are owed over $30,000 in support arrears, and your ex is lying about his income, you probably cannot afford to NOT hire private counsel to take him back to court.  The D.A. process is notoriously slow, inefficient, and lackadaisical, and you will not receive correctly-calculated interest, penalties, or attorney's fees.  For a discussion of most of those things, see the information posted and referenced at http://willicklawgroup.com/child-support/. Only private counsel will be able to get to the root of who-owns-what as to the corporation (the D.A.'s office will not investigate, will not subpoena bank or other records, and essentially does not care).  Proving someone was NOT unemployed requires getting, reviewing, and submitting bank and credit cared information.  Not simple, but normal operation for a family law specialist. On "medical issues," support can be deviated upward, depending on the facts; additionally, speak to qualified counsel as to whether the child is "handicapped" within the meaning of the law as to getting an order for post-majority support.... Read More

Short answer: "maybe."  It depends on whether the decree is interpreted as calling for "lump sum" alimony, which is fixed, or regular alimony, which is modifiable.  A fuller explanation is in the articles posted at http://willicklawgroup.com/spousal-supportalimony/.  If that does answer our questions, you should probably call and set up a consultation appointment with a family law specialist to review your documents and give more specific advice.... Read More

This area is extremely technical (I had one case -- Carmona -- bounce up and down the various courts for over 15 years).  You need to bring all relevant paperwork to a knowledgeable family law specialist, just as soon as possible.  There may -- or may not -- be a means of getting an expedited and efficient resolution to your situation, but the specific facts are critical.... Read More

There are too many relevant facts missing from that story to do a meaningful analysis.  Were they ever married?  Is there a court order relating to custody?  If so, from where, and when, and has it ever been modified?  How old is everyone and who has lived where, for how long?  These are just SOME of the basic questions necessary to do a legal analysis.  You are going to have to bring all relevant paperwork in your possession, and a complete statement of facts, to a family law specialist in a consultation to get any meaningful answers.... Read More

You do not ask a question.  it is unclear what you are trying to find out, or achieve.  For background, look at these web pages: http://willicklawgroup.com/child-support/ http://willicklawgroup.com/paternity/ Then, consider consulting with a family law specialist, to actually answer whatever questions you have.... Read More

The short answer is that the moving of the recipient of alimony to another state makes no difference of any kind to that order.  That said, alimony is generally modifiable, and generally terminates upon death or remarriage.  Your facts -- and your order -- will determine what can or cannot be done to alter the ongoing obligation.  See http://willicklawgroup.com/spousal-supportalimony/.... Read More

The facts are not terribly clear, but it looks like several things that could have been done are now simply too late -- for example, if the property sold without anyone recording a lien, a great opportunity for full collection is simply gone.  And you don't explain why you apparently took no action for 12 years to actually GET adequate support -- the system is set up to make it fairly straightforward, but the would-be recipient has to make the effort to actually collect sums owed. It is unclear who "they" are, but if you mean the D.A., yes, the bureaucracy takes forever, is inefficient, and often gets little or nothing in collections.  That is the trade off for a free service.  Hiring private counsel costs money, but is supposed to get you prompt and efficient action by someone who knows what he or she is doing and actually cares about getting it done.  That said, there may or may not be anything that CAN be done, depending on the facts. If you ex is is another state, allegedly unemployed, and not even receiving unemployment, the reality is that there may not be much that can be done at this moment (the blood-out-of-a-stone thing).  Obviously, if you think any of those "facts" are not true, there are other options -- probably in Wyoming, where the NV order could be registered and pursued, but perhaps here depending on whether there is any remaining property, whether arrearages have been reduced to judgment, etc.  Generally, see http://willicklawgroup.com/child-support/. Your first step is to have a full and clear conversation with your existing attorney.  If unsatisfied, seek a second opinion.... Read More

There is not nearly enough information here for any kind of meaningful response.  It might be best to start with some basic explanations of what guardianships are an how they work.  See the information posted at http://willicklawgroup.com/guardianship/.  If, after reading that, you think that such is really what you need to do whatever it is you are seeking to do, either review the self-help forms on the subject at http://www.familylawselfhelpcenter.org/, or consider consulting with a family law specialist.... Read More

At least theoretically, there is no preference either regarding gender, or as to who is in which state when the child care decision is to be made.  See http://willicklawgroup.com/child-custody-and-visitation/.  Whether one parent has been the primary custodian has a greater influence with some judges as to "continuity of care"; others see divorce as such a major event that they start with a blank slate as to custody.  As a practical matter, shared custody across state lines is impractical for most parents, requiring a choice of primary placement, so (not knowing any other facts, and LOT of facts could be relevant) the traditional custodian would normally be expected to stay in that role.  For greater specifics, you should consult a family law specialist.... Read More

The easiest route would be by agreement -- and if you do make such an agreement, you should memorialize it in writing to make sure no one changes their mind later as to what was agreed.  Absent that, you can always file a motion to alter the terms and conditions relating to custody and visitation.  For background, see http://willicklawgroup.com/child-custody-and-visitation/.... Read More

Short version -- unless your Decree says otherwise -- no, it doesn't.  Consider this holding from the Nevada Supreme Court: Anastassatos v. Anastassatos, 112 Nev. 317, 913 P.2d 652 (1996): CHILD SUPPORT, Abatement for Summer VisitationOne of the issues not properly before the lower court was the Father's request (and the lower court's order) for abatement of child support during the Father's summer visitation.  While acknowledging that any discussion was unnecessary (given reversal for not being properly before the district court), the Supreme Court took "this opportunity to reiterate this court's position on the issue."Citing Barbagallo v. Barbagallo, 105 Nev. 546, 552, 779 P.2d 532, 536 (1989), the Court reiterated that the primary custodian’s "fixed expenses" do not necessarily decrease when the children are visiting the other parent, and that the district court abused its discretion by abating child support during the summer visitation, finding that abatement not "adequately supported."   So unless your court order says something different, no chid support remains in place as ordered throughout visitation with the non-custodial parent.... Read More