His mother gave me the okay via text message several months ago. As we get closer to the date of travel, she states that she does not want him traveling.
answered on Dec 2, 2022
Review your Decree or an Order from the custody or divorce case to determine the out of state travel requirements. If you do not have an order or decree then assuming the travel was on your time, and you notified the other parent with an itinerary and contact information then you have done what... Read more »
I am getting divorced. I will be living on my own for the first time, and due to inflation, I worry I can't afford it. My husband is well-off in terms of money, and I work two jobs and have a side hustle. Even then, one-bedrooms in my city are starting at $1300. I just want to be able to... Read more »
answered on Oct 19, 2022
Alimony is normally a factual analysis.
The court uses several factors to determine if Alimony should be awarded; what amount should be awarded and the time frame it should be awarded for.
Some of the common factors are:
• The emotional, physical and financial condition of... Read more »
I have court papers from the district court saying it was cancelled. Also signed by the mother.but my checks are still garnished etc.
answered on Sep 21, 2022
The answer to the questions would depend on the what the court papers said.
Did it include past child support, current support, judgements, ect?
Also, while a mother could waive current/ongoing and past child support due to her for the child, she can not waive an amount due to the... Read more »
I want to leave because I have no family or support here
answered on Sep 12, 2022
To legally leave the state with the child you should file for divorce and include an emergency motion to relocate.
Part of the Joint Petition is a Secondary Petitioner's Verification which requires for notarization. How do we go about this? I live in Las Vegas but he lives in the Philippines.
answered on Sep 12, 2022
Yes, as long as you satisfy the residency requirement then you can file your Joint Petition in Nevada. For his verification/notary/ apostille- he can do this in Philippines.
I have an existing child custody agreement but after my sons december visit to his dads he came home and told me he was sexually abused buy his father 4 times. I filed a motion to modify custody and filed a police report. The judge ordered a CPS investigation and has the findings. I was told by CPS... Read more »
answered on Aug 5, 2022
You can file a Motion to Modify Custody and explain to the court why you kept your son and ask the court to change custody to you as dad is assaulting the child. However, you want to be sure the sexual assault has been substantiated or the court is unlikely to change custody without some other... Read more »
I’m primary of son (16)in Nevada ex is primary of daughter(13) in Idaho. Idaho has jurisdiction. Court custody is alternate summers holiday no child support. Split medical cost 2019 court date she didnt get primary of son back no substantial change. She asked if I would take daughter because... Read more »
answered on Aug 5, 2022
You should consult an Idaho attorney. From a Nevada attorneys' perspective and with the limited information above, you can file in court asking for primary custody if you have had primary custody ( even if it was voluntary given to you) as this can be seen as a substantial change assuming... Read more »
My husband says he wants house sold and doesn't want me to buy him out because he doesn't want me to have it. Can he force me to sell if I want to buy him out?
answered on Aug 5, 2022
If you can not agree on what happens to the house and you ask the court to decided then the court will normally allow the party who wants to retain the home time to refinance and pay the other party their share of the equity in the house.
I am in the process of divorce and no custody agreements have been set. I do not want him as a friend to post or comment on my Facebook. But I can still use Messenger to let him video chat our child. Will this risk even joint custody?
answered on Aug 5, 2022
You can choose who to allow on your social media, but you should be very careful what you post especially during a divorce proceeding.
Nevada prefers joint custody and uses best interest of the child factors when deciding custody. These factors include coparenting, cooperate and fostering... Read more »
For the last 10 years, my family has lived away from our extended family due to work. I have been a stay at home mom for 10 years while my husband has worked and advanced his schooling and graduated from University. I have no more than a HS education and no skills to obtain a job to help support my... Read more »
answered on Jul 5, 2022
Assuming you have or had case with Family Court, you would need to file a Motion for Relocation.
If you do not have a case then you would first need to file for divorce; custody or legal separation depending on your circumstances, then in this case you can file yourMotion for Relocation.... Read more »
Back to California with my grandmother . I want bring my son with me back to California without getting in trouble or charge with kippnapping.
answered on Apr 28, 2022
At the very least you want to get his agreement in writing. The safest best would be to open a court case and file the agreement in that case.
answered on Apr 28, 2022
Look at Paragraph 6:
NRS 125.150 Alimony and adjudication of property rights; award of attorney’s fee; postjudgment motion; subsequent modification by court. Except as otherwise provided in NRS 125.155 and 125.165, and unless the action is contrary to a premarital agreement... Read more »
I'm looking for some information. Me and my ex divorced in 2018. I stayed in the home and he moved to Florida. He's been gone for the last 4 years. I'm ready to sell the home. I wanted to know what may happen. Is he entitled to payment since our names are both on the home?... Read more »
answered on Apr 26, 2022
His entitlement will be based on the wording of your divorce decree.
I filed a motion for relocation with child that I now want to "cancel" because I cannot afford to move with her and was only moving with the promise of help from her father which he has now revoked.
answered on Apr 26, 2022
If the other parent has not responded to your motion you can simply file a Notice to Vacate the Hearing.
If the other parent has responded. You will need an agreement from the other parent to Vacate the Hearing. This would be call a Stipulation and Order to Vacate The Hearing.
If... Read more »
answered on Apr 26, 2022
We have several options for locating law and forms. Below are a few.
The Librarians at our Law Libraries are extremely helpful. They can help with forms and law.
https://www.clarkcountynv.gov/government/departments/law_library/index.php
The UNLV Law Library... Read more »
he took me too court for contempt he was granted 5 days of Xtra parenting time.can he add that to his already long 16 day time-frames in summer or do I have a right to say no.
answered on Apr 26, 2022
Normally with proper notice he can add the awarded 5 days to any time period he wants with limited exceptions. For the most part, holiday's and the other parents vacations or special days are off limits. Review the Order which gave him the additional time for specific's. You may also... Read more »
We each have life insurance policies, IRA’s, traditional Roth and 401k. All named in our Trust. I have kids (18+) from a previous marriage.
answered on Apr 26, 2022
I agree with the other attorney's answer. Most of the time the Court will "break the trust" especially if the trust is revokable and for estate planning purposes. One the court decides if it will break the trust then it will decided on the designation of the property ( separate or... Read more »
It will not affect the other party's parenting time within any fashion. I don't see anything within the MSA that says that I can't move within the city. Do I need to do anything as far as what the law says?
answered on Apr 26, 2022
I agree with the other answer and have an additional comment: If the move will cause a change in school then move or the change in school should be discussed and hopefully the school can be agreed to or either parent may need to file in court to resolve the school choice matter.
My significant other and I have been together since sept 2013. Child was born Jan 2012. Biological father has never put forth any effort to support (financially or emotionally) the child and has been in and out of jail and prison the child’s entire life. I’ve been acting in place as his father... Read more »
answered on Apr 26, 2022
The child's mother can file with the Court requesting to obtain a passport for the child. When granted, the Court will order that the passport can be obtained without the Biological father's signature.
The child's mother can also file for sole or primary custody and child... Read more »
If it is child abandonment, would the mother still have to petition through the courts for him to sign over his parental rights?
answered on Apr 26, 2022
I agree with the other answer but have an additional comment. Abandonment is not only not financially supporting the child. It consists on no contact and no effort to see or contact the child.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
