Nevada Family Legal Questions

Not enough information, really.  Either party may file a peremptory before the first contested hearing or order (it is a bit more technical, but that is the gist).  If a ruling has already been made, disqualifications are only allowed "for cause," which is a tough standard, and generally does not include "I don't like the ruling that was made." There is no "form."  I suggest a frank discussion with a family law specialist.... Read More

Your timeline would appear to have you turning 18 -- and statutory child support ending -- as of about 1983.  That is unfortunate.  In Nevada, the statute of limitations for child support was abolished, but only prospectively as of July 1, 1981. See Washington v. Bagley, 114 Nev. 788, 963 P.2d 498 (1998).  In oddly fractured opinion, a plurality of the Nevada Supreme Court reversed the holding in McKellar v. McKellar, 110 Nev. 200, 871 P.2d 296 (1994) and now hold, interpreting of NRS 125B.050(3), that the statute of limitations on child support payments that accrued between July 1, 1981, and July 1, 1987, never ran, since the Nevada Legislature abolished the statute of limitations before the period would have run. In your case, that means that only child support owing from 7/1/87 forward is still collectible -- presumably by your mom, although possibly by you (that is a little complicated, and should be discussed).  Of course, you have three decades of interest and penalties on whatever remains collectible, as well.  See http://willicklawgroup.com/child-support/ and http://willicklawgroup.com/interest-penalties/. As to other causes of action, say for "abandonment," there may not be any, but that is a conversation to have in consultation with this office of that of some other family law specialist.  ... Read More

Nevada has no "magic age."  The rules, factors, and role of the wishes of a "child of suitable age and discretion" are detailed at http://willicklawgroup.com/child-custody-and-visitation/.  Can it be done?  Sure?  If the parents agree, a stipulation and order can be drafted; if they don't, whoever wants to alter the existing set up will have to file a motion.... Read More

Your facts are a bit confusing.  You call your son's child contact "visitation," but other parts of your narrative indicate the child lives with you full time. Either way, your son cannot "sign over" his visitation, not exactly, anyway (unless he was an active duty military member on deployment).  He COULD sign a 6-month temporary guardianship, or you could apply for a full-time guardianship, or you could move for grandparental visitation, or even custody, or seek to adopt the child.  Review the following explanations: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/guardianship/ http://willicklawgroup.com/adoption/ http://willicklawgroup.com/termination-of-parental-rights/ I strongly suggest that you consider what you are actually trying to achieve, and what sort of response both your son and his ex might have, and then schedule an appointment with this office or that of another family law specialist firm to get an idea of whether, when, and how to proceed, an analysis of your particular facts, and your chances for success.... Read More

The situation is obviously pretty complicated, with lost of players involved. Your question is whether a tax deposit was "illegal."  Well, not as phrased -- depending on what is actually going on, any existing orders, where you are procedurally (you say he is your "ex"), etc., you may, or may not, have a claim to the money. The "most effective way" to go about any motion is to have your ducks in a row (your evidence assembled) and if the other side will not be reasonable, present it, logically and as organized as possible, to the court. On the paycheck question, sure!  I suggest a subpoena to the employer requiring disclosure of all sums paid, and to what accounts.  My guess is that you will find out all kinds of exciting things.... Read More

Better, but still not complete facts.  From your posting, I presume the original custody/visitation order was in Pennsylvania; this gives rise to at least some question as to whether the Nevada court had jurisdiction to do the termination and adoption, so there is some potential for a problem here, but frankly few lawyers or courts are sophisticated enough to pick up on the issues. In any event, presuming the "charges" have been filed in PA, you need a lawyer THERE to go to court, filing the termination and adoption orders, and asking for a fee award for making you do so.  If you do not have counsel there, you might wish to start your search at aaml.org.... Read More

Not enough information.  You do not indicate what is in court in which state, where he filed, why the charges are "false," or anything else that would allow a meaningful response.  Your best bet is to set a consultation appointment with this office, or that of another family law specialist, preferably in whatever State the contempt charge is pending, along with all relevant papers, court filings, and proof of relating to whatever the issue actually is.... Read More

Well, if I understand your facts correctly, then yes, it is POSSIBLE, but that result is not very probable, unless there are other important facts you have note mentioned.  First, review: http://willicklawgroup.com/child-custody-and-visitation/ Then you really should schedule a consultation with this office or that of another family law specialist, and go over ALL the history, facts, circumstances, communications since the child was born, and any current court filings, determine what to do, and then execute that plan.... Read More

It is a bit unclear what you WISH to do.  If, as it seems, you wish to have a legal, physical, and economic relationship with your out-of-wedlock child, then the law will assist you in doing so -- it is a matter of filing a paternity action, and establishing orders for child custody and support.  First, see: http://willicklawgroup.com/paternity/ http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-support/ Then, I strongly suggest scheduling a consultation appointment with this office, or that of some other family law specialist, and going over all your facts, circumstances, and wishes, developing a plan for filing such proceedings as will make that happen, and then going forward with your plan.... Read More

Your explanation is a bit vague, and Nevada does not have a published Opinion from the Nevada Supreme Court explicitly on point.  However, I have researched this pretty closely (and litigated it a couple of times) and Nevada almost certainly will follow the "general rule" -- an engagement ring is a conditional gift, not effective until the condition (actual marriage ceremony) is completed.  Until then, it belongs to the giver; after that, it belongs to the recipient. If you need further assistance, you should consult an attorney.... Read More

Is there now an order?  If not, deny permission for international travel, and consider putting in a passport alert with the State Department. If there is no court order specifying primary or sole custody, you should almost certainly get one.  The circumstances are beyond what can be gone over here, but consider the material posted at these two pages: http://willicklawgroup.com/child-custody-and-visitation/ http://willicklawgroup.com/child-abduction-kidnaping-and-recovery/ Then consider scheduling a consultation with this firm or another family law specialist to go over all your facts and circumstances.... Read More

This is not really a "family law" question -- it might be better directed at probate, will, and trust attorneys, who will be familiar with such situations.  I know of no statute or case on the subject at all.  While it is sad that it is necessary, if you have checked the several funeral homes in the place where your step-dad died, and read the obituary, and still have no clue, you might consider hiring a private investigator; my guess is that this should not be all that difficult, really, to find out.... Read More

Well, the answer to the question you first ask is "no," since there is probably no way to win a case for "emotional distress" per se. However, if (as you say) all the allegations against you are false, you can seek to overturn the custody change, and probably should -- and yes, you should get an attorney; as you can tell, bad things often happen to people who try to navigate family court without competent counsel. As to money you should have received but did not, definitely yes, you should pursue it -- plus interest.  Be aware that there is a "statute of limitations" on such judgements -- if you wait too long, you will not be able to collect the money you are owed.... Read More

There are huge holes in this fact pattern that would be important to answering it -- like, what is the daughter doing in Nevada in the first place?  How long has she been here?  Is there any kind of agreement -- oral or written -- indicating why she is here, or how long she should be here?  All of those would be important to know before anyone would counsel you to engage in self-help (ie., swooping in and grabbing the child). Obviously, the child's physical safety comes first, so do nothing that might provoke a physical confrontation.  On all aspects of this matter, you need a much more in-depth analysis, starting with all relevant documents and probably including a detailed discussion of what is really going on, and why.  There are a lot of grandparent-custody-or-visitation cases in Nevada; you can find information about them here: http://willicklawgroup.com/child-custody-and-visitation/ Then you really, really should consult with qualified counsel.... Read More

Your question is a bit unclear.  Whose TPO?  If it is yours, you should not go near your husband, period, while the TPO is in place.  If it is for the child, then the same result.  The TPO is pretty simple -- do not voluntarily go near the person listed.  If you want conditions to the order, the TPO Master can make exceptions, but it is unclear what, precisely, you are trying to accomplish, or why.... Read More

You do not state your age, or what kind of "paper that got notarized," and those things might well make a difference.  My guess is that she is receiving child support relating to you -- but probably should not be, from the situation you describe. You can request a new Social Security Card from  the Social Security office, if you cannot get your mother to respond to you.  Absent that, you could have a lawyer send her a note and try to get her to be a bit more cooperative. It might be good for you to consult a lawyer.  If you cannot afford counsel,  there are free consultations offered on Thursdays at the self-help center; volunteer attorneys provide 15-minute consultations, for free, on family law questions.... Read More

I am not sure that legal aid (LACSN) can't take a case already in litigation.  That is the primary pro bono provider.  My stock paragraph on this topic reads: 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

The answer is "no," at least, not if he followed the applicable court rules.  For details, see: http://willicklawgroup.com/annulment/ If you remain concerned, however, you can simply call the Clerk's Office (if you are in Las Vegas, 702-455-2385 and ask whether a case was filed with your name on it; or, most lawyers have access to the court computer system database, so a lawyer could look it up for you.... Read More

You ask two questions -- as to whether out of State residents can wed in CA, you need to check on the CA marriage laws to see if there are any requirements of residency or otherwise, waiting periods, etc.  My guess is that the information you want on that point is posted. On the second question, the short answer is probably yes, but the process is still in transition.  Every indication is that Nevada will do away with its unfortunate constitutional amendment, but the initiative process will take another couple of years.  In the meantime, the family courts and lawyers have developed a large number of workarounds on every subject from parenting agreements to surrogacy contracts to adoptions to divorce.  So, for the short run, yes there are more steps; long run, probably the law will fall into place everywhere to treat such marriages like all other marriages within another 3 or 4 years, by legislative or court action, or both.... Read More

Not enough facts -- as to who is on the birth certificate (probably not if he "doesn't know" etc.).  I suggest that you consult with a family law specialist, but you could probably do a name change of the child.  There are many other questions -- formal paternity, matters of child support, custody, etc.  See a family law attorney -- if nothing else, the Thursday afternoon short consultations at Ask-A-Lawyer at family court.... Read More

Short version, "maybe."  You do not say if actual bio dad is on the birth certificate -- and lots of other important facts.  For background, see: http://willicklawgroup.com/paternity/ http://willicklawgroup.com/child-custody-and-visitation/ Then you need to consult with a family law lawyer -- wither schedule a consultation, or at least go in for a free 15 minute consultation at the family court Ask-A-Lawyer program on Thursdays.  You need information -- know what to do and how to do it, and matters will seem much less scary.... Read More