Nevada Family Legal Questions

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283 legal questions have been posted about family law by real users in Nevada. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include adoptions, child custody, and child support. All topics and other states can be accessed in the dropdowns below.
Nevada Family Questions & Legal Answers
Do you have any Nevada Family questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 283 previously answered Nevada Family questions.

Recent Legal Answers

Is is abduction is spouse took child and won't tell you where they are at and won't let you see child? There is no custody agreement yet.

Answered 3 years and 7 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You need to get into family court as quickly as possible to obtain a temporary child custody order.  For the applicable rules, see the explnation on our Child Custody page.  You are going to need the assistance of a family law specialist.
You need to get into family court as quickly as possible to obtain a temporary child custody order.  For the applicable rules, see the... Read More

Divorce

Answered 3 years and 9 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Short answer: yes.  Exactly how much depends on some facts not disclosed, but for a recap of the applicable law in Nevada, see the explanation posted at https://www.willicklawgroup.com/property-rights-and-division/.  You might want to look at the Child Custody and Child Support pages as well, and seriously consider consulting with a family law specialist to go over all potential issues and their probable outcome.... Read More
Short answer: yes.  Exactly how much depends on some facts not disclosed, but for a recap of the applicable law in Nevada, see the explanation... Read More
Your situation is unclear and it would be very unwise for any counsel to suggest a response without seeing the actual CPS and dismissal paperwork.  Yoiu should assemlbe all documents and schedule a consultaiton with a family law specialist to review the documents and determine yoiur precise situation.... Read More
Your situation is unclear and it would be very unwise for any counsel to suggest a response without seeing the actual CPS and dismissal... Read More
Short answer:  18.  See NRS 129.010 Age of majority. All persons of the age of 18 years who are under no legal disability, and all persons who have been declared emancipated pursuant to NRS 129.080 to 129.140, inclusive, are capable of entering into any contract, and are, to all intents and purposes, held and considered to be of lawful age.... Read More
Short answer:  18.  See NRS 129.010 Age of majority. All persons of the age of 18 years who are under no legal disability, and all persons... Read More

My daughter is refusing to see her father. Can she choose what parent to live with? We have 50/50 joint custody

Answered 4 years and 3 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
You should consider consulting with a family law specialist.  The child is probably (but not necessarily) a bit young for "teen age discretion."  If you cannot agree directly, consider mediation, either privately or through the Court's Family Mediation Center.  A good amount of back ground information is posted on our Child Custody page, posted here. ... Read More
You should consider consulting with a family law specialist.  The child is probably (but not necessarily) a bit young for "teen age... Read More

Can a tourist file for divorce in US after completing residency and not declare minor children in the petition? Will there be issues with this?

Answered 4 years and 5 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Your timing is excellent.  Just a couple weeks ago, I won a case in the Nevada Supreme Court (Senjab), holding that only 6 weeks' residence, not "domicile," is required to file for divorce in Nevada.  And while I woiuld want to know more about the facts before giving a certain answer, if Nevada is not the Home State of the children under the UCCJEA, then the divorce here would not address their custody.  See the article "The Basics of Family Law Jurisdiction" posted here.  Obviously, there are more questions to ask; I suggest that you call the office during regular business hours and go over the basic facts with one of our attorneys.... Read More
Your timing is excellent.  Just a couple weeks ago, I won a case in the Nevada Supreme Court (Senjab), holding that only 6 weeks' residence, not... Read More

Can I take my kids on vacation?

Answered 4 years and 7 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
In the absence of any court order, the parents of children have full joint legal and physical custody and no law prohibits anyone from crossing a state line -- as opposed to "relocating" with them to osome other jurisdiction.  For an explanation, see the information posted on our Child Custody page, posted here.  You really should consult with a family law specialist in this or some other family law firm, however, to avoid what appers to be escalating conflict.... Read More
In the absence of any court order, the parents of children have full joint legal and physical custody and no law prohibits anyone from crossing a... Read More

Can a father give up his rights to avoid child support?

Answered 4 years and 7 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Short version is that it does not really work that way, but a large part of the equation is what you wish to happen going forward, on several issues. For background information, I urge you to review the information and materials on our Termination of Parental Rights page (under the Child Custody/Support tab), posted here, and the Child Custody and Child Support pages, and then call and discuss with one of the lawyers in this office or of some other family law specialist firm to go over the effects of a relinquishment, or a formal Termination of Parental rights, and what those things do and will mean to you and your son.  Agree to nothing, and sign nothing, until you are completely sure of what you are doing, and why.  ... Read More
Short version is that it does not really work that way, but a large part of the equation is what you wish to happen going forward, on several issues.... Read More

Is there any way to force a response from a companyโ€™s a QDRO. My QDRO lady has been trying with one company for over 3 months

Answered 4 years and 7 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Short answer yes, sort of.  Presuming this is a private pension governed by ERISA, the law gives the plan up to 18 months to respond to inquiries.  Different rules apply to state, civil service, military, etc., plans.  It is not clear whether your "QDRO lady" knows what she is doing, but you can contact the experts at QDROMasters.com, and ask any questions about administrtion and getting a correct order in place as efficiently as possible.... Read More
Short answer yes, sort of.  Presuming this is a private pension governed by ERISA, the law gives the plan up to 18 months to respond to... Read More

When I received my engagement/wedding rings, I was TOLD that if we ever divorced that we would sell it and split the money. Married 5yrs-BS

Answered 4 years and 9 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Yoiur discussion is a bit vague on the details, but the law on the subject is that in the absence of an agreement to the contrary, an engagement ring is a conditional gift, completed upon marriage, and is the separate property of the recipient upon marriage.  For a complete discussion of the issue, see the article posted here. For information aboiut separation and property settlement agreements, see the discussion and information posted here.  Really, yoiu need a consultation with a family law specialist well-versed in these topics.  Please see our Consultation Policies, Procedures, and Costs page posted here, and call at your convenience to ask any preliminary questions or set a consultation appointment.... Read More
Yoiur discussion is a bit vague on the details, but the law on the subject is that in the absence of an agreement to the contrary, an engagement ring... Read More

who have the right to claim decease body? Mother or wife that is out of the country and have no visa yet.

Answered 4 years and 10 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
This is not a family law matter.  You may be able to get some assistance from a local will, trust, and probate attorney.  If not, call the county coroner, or mortuary or other facility holding the body, and see if you can get directed to other resources.
This is not a family law matter.  You may be able to get some assistance from a local will, trust, and probate attorney.  If not, call the... Read More

How long does it take to file a motion

Answered 4 years and 10 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
What you have written seems reasonable, on the basis of what is disclosed.  That said, it is not possible to really respond intelligently as to what is going on without complete information about what is in the file, what is and was known to the lawyer, when, what the lawyer says is the basis for the delay, and a host of other things.  Really, if you are uncertain, you should start with a heart-to-heart with yoiur attorney; if you are uncertain whether it is valid, consider getting a second opinion consultation.  If unsatisifed, consider obtaining replacement counsel.... Read More
What you have written seems reasonable, on the basis of what is disclosed.  That said, it is not possible to really respond intelligently as to... Read More

If I let my childs father relinquish his rights is he free of all responsibility?

Answered 4 years and 11 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Short answer, no.  The only thing, in Nevada, that terminates rights and responsibilities is a form Termination of Parental Rights, which you can read about here.  You should probably consult with a family law specialist.
Short answer, no.  The only thing, in Nevada, that terminates rights and responsibilities is a form Termination of Parental Rights, which you... Read More

How to get Custody/Guardianship of Grandchild

Answered 4 years and 11 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The entire situation is unclear, but it is probably a good idea for you to review the Guardianship, Adoption, Termination of Parental Rights, Custody, and Child Support pages of our website, here.  The situation is so complex, however, that you probably need an in-depth consultation with a family law specialist, with this firm or another, to go over all options.... Read More
The entire situation is unclear, but it is probably a good idea for you to review the Guardianship, Adoption, Termination of Parental Rights,... Read More

Is a letter from an attorney full of allegations considered a statement under oath?

Answered 5 years ago by Marshal Willick (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Family
Short answer: no.  There may be other repercussions for saying false facts verbally or in writing a letter, but "perjury" is not one of them -- and a host of privileges make even outrageously false assertions in connection with litigation usually unactionable.  The details are, well, detailed, and can backfire, so you should consult with knowledgeable counsel before taking any action of any kind.... Read More
Short answer: no.  There may be other repercussions for saying false facts verbally or in writing a letter, but "perjury" is not one of them --... Read More

Can I change a minor's last name without fathers consent if he isn't listed on the birth certificate?

Answered 5 years ago by Linda Lam Lay (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Yes, you have to show the court that you tried looking for dad to ask for permission. This is even if dad is not involved in child's life. The court wants to make sure everyone has notice. 
Yes, you have to show the court that you tried looking for dad to ask for permission. This is even if dad is not involved in child's life. The court... Read More

Daughter will not let me see wife in hospital

Answered 5 years and a month ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
This is too vague to respond to in any detail.  Normally, spouses always have access to visit -- if the hospital is allowing anyone; during COVID, many hospitals are prohibiting all visitors.  It is unclear what the problem really is, or why, and it may make more sense to speak with hospital staff first before consulting a lawyer.  If you do get there, try to figure out whether this is actually a family law matter.... Read More
This is too vague to respond to in any detail.  Normally, spouses always have access to visit -- if the hospital is allowing anyone; during... Read More

Can I ask for reimbursement of expenses for my minor child's monthly medical insurance premium

Answered 5 years and 2 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
If the existing order is for payment of the medical premiums, total up what has been incurred since the order, and send a request for his half of the payments; it might be easiest to agree to reduce your child support payments, going forward, by the father's half of the medical insurance premium.  Conceivably you could go back further in time than the last order, but it depends on what was litigated, and ordered, and why.  If you run into problems, you should probably consult with a family law specialist.... Read More
If the existing order is for payment of the medical premiums, total up what has been incurred since the order, and send a request for his half of the... Read More

Can you register a marriage twice (in UK and US, Nevada) to the same person?

Answered 5 years and 2 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The U.S. does not have a national "registration" system.  Entering into a Nevada wedding should not have any effect on your visas.  It is a bit unclear what you are trying to do and why.  If you are lawfully married in the UK, you are considered married here.  If not, not.  You can have a ceremonial marriage here, and celebrate it any way you wish -- just call the chapel/venue where you wish to have your Vegas marriage and explain the legal situation, and they should be able to accommodate you.  People do "commitment ceremonies" and other "weddings" that do not formally have a legal effect all the time -- the fact that you are already legally married should not be an impediment to the ceremony you plan.... Read More
The U.S. does not have a national "registration" system.  Entering into a Nevada wedding should not have any effect on your visas.  It is a... Read More

what do I have do to get my parent's guardainship over me dropped in nebraska? I am 44 years old

Answered 5 years and 2 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Unfortunately, you are going to have to seek advice from a Nebraska attorney.  If you don't have one, you can start your search at aaml.org, to find highly qualified family law assistance, and you should contact someone there and explain your request.
Unfortunately, you are going to have to seek advice from a Nebraska attorney.  If you don't have one, you can start your search at aaml.org, to... Read More
You don't mention where the proceeding is, but it is never a good idea to ignore a court hearing; you should expect that whatever the other side has requested, from contact to custody, will be granted based on your non-opposition.  You should contact counsel wherever that hearing is going to be held, and make sure someone files an opposition and appears.... Read More
You don't mention where the proceeding is, but it is never a good idea to ignore a court hearing; you should expect that whatever the other side has... Read More

Divorce ?

Answered 5 years and 4 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
There is not much to go on here.  First step is to get educated.  You will find a great deal of background information, subject by subject, here.  Beyond that, you should consult with a family law specialist to get answers to your specific questions and make a fully-informed choice of what you wish to do and how you wish to do it.... Read More
There is not much to go on here.  First step is to get educated.  You will find a great deal of background information, subject by subject,... Read More

Do my parents still have "Grandparent rights"?

Answered 5 years and 7 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
The short answer to your question is "probably."  Under a series of Nevada cases, if grandparental custody or visitation rights are established before a termination of parental rights, death, or other event alters the parental custodial relationship, it survives that later event.  Obviously, no lawyer should give specific legal advice without reviewing the actual papers in question -- in your case the visitation agreement, and the TPR, and the adoption paperwork.  A full consultation with a qualified family law specialist would be a good idea.... Read More
The short answer to your question is "probably."  Under a series of Nevada cases, if grandparental custody or visitation rights are established... Read More

Can I collect my deceased domestic partner's pension (not social security) from his job in Nevada?

Answered 5 years and 7 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
Ms. Coulter:  There are many different kinds of pensions, each with its own rules, and most of them permit beneficiary designations; further, if you had a registered domestic partnership, the inheritance rules are the same as for a marriage.  For a recap, see the article Retirement Benefits for Legal Professionals: A Very Brief Primer (CLE, October 9, 2015), posted here and look at the Domestic Partnership page of our web site. We have a division called QDRO Masters; please call 702-438-4100, ask to speak with one of our QDRO Masters personnel, with some information about the specific pension involved, and they should be able to tell you what, if anything, you can do to collect on the survivorship interest of the pension involved.... Read More
Ms. Coulter:  There are many different kinds of pensions, each with its own rules, and most of them permit beneficiary designations; further, if... Read More

By DFS in state of Nevada I'm am considered unfit to my 5 boys. They went back into mother's care after 3 yrs. Can I sign my rights over.

Answered 5 years and 7 months ago by Marshal Willick (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Family
First, you should do nothing rashly or impetuously.  Find out your legal rights, obligations, and options, and then decide what is in the best interest of you and your children.  You are allowed to "relinquish" parental rights, but in Nevada that does not terminate your obligation of support, as explained here.  At the same place, you will see what is actually required for a Termination of Parental Rights court order, and decide whether that is something you wish to seek.  If so, or even if not, you should consult with a qualified family law specialist before making any decisions or taking any actions.... Read More
First, you should do nothing rashly or impetuously.  Find out your legal rights, obligations, and options, and then decide what is in the best... Read More