Nevada Family Legal Questions

Short answer:  no.  Emancipation is either by age or legal decree -- not automatic upon pregnancy.  If you would like to review the rules for emancipation, see http://www.leg.state.nv.us/NRS/NRS-129.html.  For some explanation, see http://www.washoecounty.us/juvenilesvs/emancipation.html. It is unclear precisely what you are trying to accomplish, but if this information is not sufficient, you might want to confer with a family law specialist.... Read More

Your facts are a bit incomplete -- you do not state whether the original order was modified, or what, precisely it says if it was -- and those sorts of facts would be critical to giving any kind of advice as to what can be done next. You really need to sit down in consultation with us or some other family law specialist firm, bringing copies of the original order, any modifications, any correspondence or agreements, and some kind of detail as to HOW your ex is "not living up to the agreement."  At that point your full options, with costs, risks, and benefits, could be evaluated and explained to you.... Read More

Short version, yes, but I express no opinion on whether it will achieve the result you desire (the "resetting the clock" thing, which is an insurance issue).  A straightforward Complaint for annulment, or in the alternative, divorce, could be filed and if uncontested, would presumably be summarily granted, but before you go re-setting your legal status to try to machinate insurance coverage, you might be better served by finding a good insurance agent and finding out if that is really the most efficient way to get you to where you want to go.... Read More

Your question is a bit disjointed and incomplete.  For example, you do not say where the child lives, or how you and she came to be living in different places, which very much affects WHICH court is permitted to enter orders changing the situation.  Presuming Nevada has jurisdiction, you can find information relating to the rules for altering custody and visitation here: http://willicklawgroup.com/child-custody-and-visitation/. In the meantime, you indicate that the daughter is being physically abused.  If you truly believe that to be the case, you should make a report to Child Protective Services and have someone look into it.... Read More

Some of your message is hard to understand.  For example, as to the child's desire to come to NJ, you used "doest."  Which I will presume means "does" rather than "doesn't."  You should, by the way, document that desire, either in an exchange of e-mails, or text messages, or otherwise, since it appears from the facts that you might be asked to prove it. You should make the travel arrangements, per the court order, and calmly, in writing, state that if the child does not arrive, you will file a motion to hold your ex in contempt, requesting fees.  Hopefully, everyone will be reasonable.  Otherwise, you will have your exhibits as necessary fora  motion to seek a contempt ruling, and also seek make-up time.... Read More

Well, it seems obvious that husband has received legal advice, but I think it might be deficient or faulty.  Yes, the "rents, profits and issues" of separate property are separate property -- BUT, the investment of community time, effort, and energy into a separate property business creates a community property interest compensible to the spouse under the Pereira or Van Camp tests.  See explanation and posted resources at: http://willicklawgroup.com/property-rights-and-division/ These matters are extremely fact-specific.  To analyze your specific circumstances, options, risks, and benefits, you really should consult with a family law specialist, either this firm or some other.... Read More

Probably none.  Absent some OTHER crime (say, she also beat the kids), the cops and prosecutors are extremely reluctant to get involved in such situations, and encourage people to handle the matter in civil (family) court.  It sounds as if there is some more to the story, so if you have further questions, you should consult with a family law attorney in this or another firm.... Read More

Your question appears to have been interrupted in the middle of the second sentence, and the first sentence is unclear.  You can look at the materials on my firm website as to custody, visitation and support, if that is where you were headed, or you can try again, but there seems no way to meaningfully answer, as is.... Read More

I'm not sure what you are requesting.  You have adequate cause to withhold the daughter from the mother based on CPS instructions (and, it sounds like, common sense).  Find out if CPS has hearings set. Either way, consider filing a motion in family court for at least temporary sole physical custody until mother gets her facilities adequate, gets her head straight, and perhaps has a mental evaluation.  If you don't know how to do this, and do not wish to use the self-help forms, you should consult with, and hire competent family law counsel.... Read More

The short answer to your question is "no."  I have never heard of a criminal prosecution under any similar circumstances.  If, at this point, you have doubts about paternity, you can request testing; the legalities of who can and should do what are a bit complicated for this posting, which does not state whether there has already been a finding of paternity, whether he is on the birth certificate, etc.  For background information, see http://willicklawgroup.com/paternity/ http://willicklawgroup.com/child-support/ http://willicklawgroup.com/child-custody-and-visitation/ For better guidance, you should probably consult with a family law attorney.... Read More

It is a bit unclear what you are asking.  There is no required format (numbering or otherwise) for Complaint sections in this "notice pleading" State, and errors happen all the time.  Generally they are irrelevant to the outcome and confer no real advantage or disadvantage to the outcome. Responses to a Complaint in an Answer are generally in the form of "admit," "deny" or, if it is really garbled, something like "Defendant is unable to admit or deny Paragraph "X" [or "does not understand" or whatever] and therefore denies it."... Read More

The rules vary from county to county.  In Clark County, the rules, which are now being revised, currently provide in EDCR Rule 5.07 that "No action shall proceed to final hearing or order until there has been compliance with this rule; provided, however, that non-compliance by a parent who enters no appearance shall not delay the final hearing. The trial judge hearing the matter may take other appropriate action to compel attendance, including but not limited to action for contempt." THe rule also provides that "For good cause shown, the assigned trial judge may waive the requirement of completion of this program in individual cases." So the wife's refusal should not hold up the divorce, but some judges will not allow a party who refuses to attend the seminar to have any child custody schedule.... Read More

Wise?  perhaps not, but as to "safe," well, that is probably dependent on WHY your ex has 7 citations -- lousy driver?  Drunk?  You do not actually ask a question. The situation probably needs to be addressed, but your unilateral violation of the custody order could also be a problem for you.  Perhaps you should attempt to settle on a different mode of transport (if that is your ex's only problem with the kids), or initiate mediation to address it.... Read More

It is hard to understand your situation.  If you see your daughter every other weekend, you do NOT have "50/50 custody."  It is unclear what your order says, and whether you are actually doing whatever it provides.  Obviously, you need to figure out what you COULD do before asking to implement it, but child custody is always modifiable, by stipulation and order, through mediation, or by filing a motion.  See http://willicklawgroup.com/child-custody-and-visitation/.... Read More

"Fair" -- like "pretty" or "pornography" -- is usually in the eye of the beholder, not an objective reference.  If your sister wants to alter the terms of the divorce, it will be her burden to find a way to not harm her ex in doing so -- probably by re-financing the property.  Lots of folks took upside down houses hoping and waiting for the market to come back -- which it has.  She might be able to make the house irrelevant to him.  As to his risks, and ability to buy in the future, mortgage regs say that if she is required to make the payments, and actually has done so for a year, the house mortgage for the home she is in should not prevent him from qualifying for his own mortgage.  If this gets too complicated, you may need the assistance of a family law specialist to make the proper orders actually happen.... Read More

Well, there are alternatives and choices and information to be had all around.  First, it is reasonable to ask whether the child has seen an allergist, and for you to directly check with the allergist as to what precautions -- if any -- would be required to permit the child to not have a reaction (presuming that the whole thing is not being made up; if mom "just knows" that there is a problem with the cats, that is not good enough, and your son -- who I presume has joint LEGAL custody, even if for some reason physical custody is restricted -- can request/require adequate medical back-up.) You say "the parents" are making demands -- your son is on board with saying that you have to alter your life because for some reason HE has supervised visitation?  It might be more reasonable, every other weekend, to have your son reside at some other location at which supervision could be offered.  Or move to eliminate or alter supervision.  Of make some other accommodation. You feel blackmailed because you are BEING blackmailed.  I would do nothing to injure or dispose of creatures you love without first exploring every other physical, and legal, alternative.  It may be a good idea for you, your son, or both, to consult with qualified legal counsel.... Read More

The simple answer is "of course," but your probable ACTUAL question is "what might my parents do about it?"  So long as you are under 18, not emancipated, and with no guardianship in place, your parents could report you as a run-away.  If you are interested in alternatives, speak to someone knowledgeable about them -- either a school counselor or an attorney.... Read More

It is a bit unclear precisely what was ordered, or why it is not occurring as ordered, but if your ex is not complying with the provisions, the routine is to document the violation, demand compliance, and then (assuming no success) file a motion to force it and for appropriate sanctions and fees. Normally, once a judge has issued a ruling in a case, the opportunity for a peremptory challenge are gone, and a challenge "for cause" is a pretty steep burden.  Do copy whatever Facebook, etc., evidence exists -- that stuff can disappear pretty quickly.... Read More

First, I am not sure what a "license job" is, or exactly what it is you are asking. If your question is whether you are still a legal minor and therefore subject to your parents' custodial orders, the short answer is "yes."  If it is whether you can seek emancipation, the answer is also "yes," IF you can establish to the satisfaction of the court the capacity for self-support. Of course, at 17, you are definitionally within a year of emancipation in any event, so it may not be worth the time, trouble, effort, and money to engage in legal proceedings; if there is something wrong with your home environment, it might be best to speak to a counselor at your school, or a legal advisor (including the Thursday afternoon "Ask A Lawyer" sessions that are free at Family Court) to address those issues sufficiently to allow you to to live acceptably for the next year.... Read More

This makes no sense to me -- I appear to be missing a critical fact; no provider should refuse to provide services because people have too MUCH insurance -- it is usually the other way around.  Your first step would appear to be working with the billing clerk at your kids' dentist's office; if that is unsuccessful, and (as you indicate, but do not explain the reasons for it) the court has refused your efforts, you might have to change providers.  But my guess is that there is an error of understanding, and that if you just start over, starting with the dentist's office, you can understand what is "really" the problem and therefor how to fix it, whatever it actually is.  If not, gather EVERYTHING, including all documentation, orders, motions, letters, and notes from each of the people and places reference, and bring the whole mess to a consultation with a qualified family law attorney.... Read More

This is not a family law question.  That said, you may have missed the time that anyone had any responsibility for signing up.  if not, the statute of limitations would probably have passed a long time ago.  My guess is that you can find your answers on line, but if not, start looking for an attorney versed in federal criminal law, which is where a selective service violation would probably classify.... Read More

The same way anyone else does; it would be simplest if you could track him down and get him to sign an acceptance of service.  If not, a process server will attempt a skip trace and service (this will take some time across national borders); if all that fails, you can serve by publication.  One way or the other, you can accomplis a divorce under these circumstances.... Read More

Your question involves something of a false premise -- there are basically no "rights" for either natural OR step-grandparents when it comes to visitation with minor children.  Either voluntary arrangements can be made through one or the other natural parents; if there has been a death or divorce, the process is a tenuous and difficult one to secure visitation over objection.  See the statute, discussion, and resources posted at http://willicklawgroup.com/child-custody-and-visitation/. If both parents refuse, it may be impossible to overcome the objection.  If you have other questions, you may wish to consider conferring with a family law specialist.... Read More

The short answer, in most States including Nevada, is "no."  "Assisted suicide" is a legal term of art, and simple knowledge does not qualify in most circumstances. That said, please reconsider.  I am just a lawyer, and not really qualified to have this conversation, but I strongly suggest that you go over the entirety of your thoughts and plans with a qualified professional -- if nothing else, with the Suicide Prevention Lifeline, 1-800-273-8255 (helps individuals in suicidal crisis within the United States to contact the nearest available suicide prevention and mental health service provider), or www.suicidepreventionlifeline.org/. And yes, one of the most common reactions to a suicide is anger on the part of the survivors.  Please think calmly, and at length, and speak to someone more qualified to go over this with you than I am.  I do know it can be difficult; just yesterday, I read something that I wish more people considering such thoughts might see -- it is posted at http://www.everydayhealth.com/columns/therese-borchard-sanity-break/what-i-wish-people-knew-about-depression/?xid=aol_eh-emo_7_20140818_&aolcat=HLT&ncid=webmail15 That you have concern for your friends and family pretty much reveals that there are those who do care, and that you care about them.  That should count for something.... Read More