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Questions Answered by Janice Jacovino
1 Answer | Asked in Divorce for Nevada on
Q: Divorced, I staying in the home.. He moved to Florida 4 years ago. I'm ready to sell. Is he entitled to anything?

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?... View More

Janice Jacovino
Janice Jacovino
answered on Apr 26, 2022

His entitlement will be based on the wording of your divorce decree.

1 Answer | Asked in Family Law for Nevada on
Q: What motion do i file to "withdraw" or "vacate" another motion?

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.

Janice Jacovino
Janice Jacovino
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...
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1 Answer | Asked in Family Law for Nevada on
Q: Outside of LexisNexis, where would I be able to find case law for grandparent visitation and cancelation thereof?
Janice Jacovino
Janice Jacovino
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...
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1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: MSA agreement .In the MSA agreement my x was awarded time during fall break in my s school there was no fall break .

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.

Janice Jacovino
Janice Jacovino
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... View More

2 Answers | Asked in Divorce for Nevada on
Q: What happens with a family trust in a divorce? We own a house together, cars and joint bank accounts.

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.

Janice Jacovino
Janice Jacovino
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... View More

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2 Answers | Asked in Child Custody and Family Law for Nevada on
Q: I am a renter and I have joint custody I need to move to another apartment within the city within a few miles.

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?

Janice Jacovino
Janice Jacovino
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.

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2 Answers | Asked in Adoption, Child Custody and Family Law for Nevada on
Q: How do I go about legally adopting my sig others son, so we can get him a passport, as well as have legal rights?

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... View More

Janice Jacovino
Janice Jacovino
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...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: If a parent has been absent for 6 years and doesn’t pay child support would that be child abandonment?

If it is child abandonment, would the mother still have to petition through the courts for him to sign over his parental rights?

Janice Jacovino
Janice Jacovino
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.

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2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: My husband and I have had his son for 2 years can the bio mom come take him ?

Does she have the right to come from az to nv to take him from us when She's had zero contact with him

Janice Jacovino
Janice Jacovino
answered on Apr 26, 2022

I agree with the answer above and have an additional comment. To legally determine what rights the biological mom has to the child the child's father can file a custody case or can file to terminate her rights. Without a Court order the rights of each parent are based on the parents... View More

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1 Answer | Asked in Bankruptcy for Nevada on
Q: Hi , my wife and myself are retired living on our SS and my pension, question can the bank our house if declare bankrup?

We live in Nevada

Janice Jacovino
Janice Jacovino
answered on Mar 22, 2022

Good Afternoon,

As long as you are current on your home when you file Bankruptcy and remain current then the Bank will not be able to take your house because of a Bankruptcy. Bankruptcy also does not "save" your home from a Bank foreclosure unless you are repaying with a Chapter...
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1 Answer | Asked in Family Law for Nevada on
Q: Do I have to let elderly disable parents move in with me in Nevada?
Janice Jacovino
Janice Jacovino
answered on Mar 22, 2022

Nevada does not require children to support and reside with their disabled parents. If you have guardianship of your parents you may have additional responsibilities.

Hope this helps.

Janice Jacovino, Esq.

2 Answers | Asked in Family Law and Divorce for Nevada on
Q: As a witness in family court, can I listen to other witnesses before I give my testimony. I want them to know I’m listen

I want other witnesses to see me there listening. Not to change my own testimony or get the story straight. I feel I have the legal right to since it’s public

Janice Jacovino
Janice Jacovino
answered on Apr 29, 2021

Normally, a witness can not observe before they are called as a witness. The Court may allow you to observe the rest of the case once you have completed your testimony.

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1 Answer | Asked in Child Custody for Nevada on
Q: Defendant, the mother filed an answer and counterclaim to my custody complaint but did not serve me.

I filed a custody complaint and served the mother within the required time, then she filed an answer and counterclaim but DID NOT serve me those documents. It’s been well over 45 days and we have upcoming court date next week. Since she failed to serve me, can I request default judgement in my... View More

Janice Jacovino
Janice Jacovino
answered on Apr 5, 2021

Good Morning,

The Court will not grant you a default as she has filed an Answer and Counterclaim.

You should attempt to obtain the documents and file your Answer to her Counterclaim. In your Answer add in a line that states you were not served but were made away that the Answer and...
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1 Answer | Asked in Real Estate Law and Estate Planning for Nevada on
Q: My father died with a will. He inherited land from my moms family. How do I separate my share from my nephews?

The land was not a part of the will. I do not want to have any financial connection to my nephew. I offered to buy him out, as he cant afford to pay the taxes on the land. He refused. I want to split the land so I can sell my portion back to my cousin who owns the land around my moms land and not... View More

Janice Jacovino
Janice Jacovino
answered on Mar 14, 2021

I am sorry for the loss of your father.

This question was posted in Nevada but it seems the land is in North Carolina. So Nevada law will probably not be as helpful. You may want to repost to North Carolina attorneys.

In Nevada you file in court to establish your rights to the...
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2 Answers | Asked in Child Support for Nevada on
Q: Can child support

I live in Nevada and I got in the rollover and the child support put a lien on my insurance check from the wreck can they do that

Janice Jacovino
Janice Jacovino
answered on Mar 6, 2021

Good Morning,

Yes, If you owe back child support (arrearages) then the child support division can place a lien on a personal injury settlement.

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1 Answer | Asked in Real Estate Law and Small Claims for Nevada on
Q: I bought a mobile home from an individual That was parked in a mobile home park and a few weeks after I bought it

It was auctioned off because they owed back space rent can I press fraud charges on them in Nevada

Janice Jacovino
Janice Jacovino
answered on Nov 18, 2020

For fraud or any other suit against the seller it will depend on your contract or agreement.

If you do not have a written contract or agreement then you can still file a case but it becomes a he said/ she argument that can be hard to prove.

To file a suit against someone you need to...
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2 Answers | Asked in Family Law for Nevada on
Q: how can i see my kid if mother is willing but grandparents dont let me near the kid or around the house period??

grandparents filing a restraining order against me on no cause and wont allow me to see or be near my kid and have no custady rights when im the father and the miother is willing to let me be their and around my kid

Janice Jacovino
Janice Jacovino
answered on Nov 18, 2020

If you do not already have custody orders then you need to file a custody case and seek custody and/or visitation with your child.

If you already have custody orders then you can file to enforce them. You can also call the police for a civil stand by to help facilitate visitation....
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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Nevada on
Q: I was granted temp custody in a tpo case in california. No other custody order was made and nevada became kids resident

I allowed extrnded visitation due to covid and to avoid stress on kids. Husband doesnt allow constant contact now and a child support lawsuit had been filed against me. What do i do? Do i file here in nevada or there in california?

Janice Jacovino
Janice Jacovino
answered on Nov 18, 2020

Where to file depends a few factors.

- If you already have an open case then file where you have the open case.

- If you had a prior case that decided custody then you will either need to file in that state or file to domesticate/register your prior order in the new state. Once...
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2 Answers | Asked in Child Support for Nevada on
Q: What is the law if the child lives in Nevada and the non custodial parent lives in Louisiana how can arrears be enforc
Janice Jacovino
Janice Jacovino
answered on Nov 11, 2020

Child support arrears from another state can be enforced where the non custodial parent lives.

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3 Answers | Asked in Bankruptcy for Nevada on
Q: Can I file chapter 13 bankruptcy on 2 loans that my ex Cosigned on if my divorce decree states I will take on the debt?

My ex-wife co-signed a personal loan and vehicle loan while we were still married. Our divorce recently finalized and in the divorce decree it states that I will take responsibility for both loans. I am past due on both loans due to loss of income. I had to switch jobs due to medical issues.... View More

Janice Jacovino
Janice Jacovino
answered on Nov 9, 2020

Good Morning,

You can include the loans and if you complete your bankruptcy then you will no longer be personally liable.

Since the bankruptcy does not include your ex-wife then she will still be liable.

She can file against you in family court if these were debts were...
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