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Nevada Family Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law and Probate for Nevada on
Q: My mom has a revocable living trust. I am her only son. I am the successor trustee and beneficiary.

We live in her home which is in the trust. When she passes can I take over payments and keep the home? She owes 350k but house is worth 700k. We are in NV

Nina Whitehurst
Nina Whitehurst answered on Dec 13, 2021

You would be considered a "successor in interest" and, yes, you can just keep making the payments. When the trust administration is complete and the home is in your name, provide a copy of the deed to the mortgage lender and let them know that they should start sending statements to you.

1 Answer | Asked in Family Law for Nevada on
Q: How do I get my kids father to stop drunk texting me in the middle of the night.

My kids father no longer has legal or physical custody. He has chosen to not sew or talk to them in a year. But now he's starting to text me in the middle of the night drunk or on drugs or both. How do I get him to stop. Also says hes working but I have not been able to get the DA office to... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 6, 2021

your message does to specify whether the custody arrangement is a court order or based on the fact that Dad has chosen not to speak to the child for a year. If there is no legal custody order in place, I suggest you file a Complaint with the court and address the child support in the same matter.... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: Father lived in Las Vegas, passed away Feb 21, was told May 21, how can I find out if I am in his will?

I live in Florida, and last time we spoke he stated he was leaving his children a will or something, his current wife, who married him, while was still living with my mother, seems to have recently sold the house they were living in.

How can I find out if he had a will, and left us his... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 2, 2021

this is something you need to speak to an attorney who practices estate and probate law.

1 Answer | Asked in Family Law for Nevada on
Q: Non custodial parent wants joint custody. He is not on birth certificate. He never paid child support.

He waited 9 years to establish paternity test. He is lying about being in the child’s life. He only sees her whenever he wants to. Can he still get joint custody.

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 2, 2021

Although it may seem unfair, if he can prove paternity and wishes to be in the child's life, even after 9 years of no relationship with the child, it is likely that the judge may give him some type of custody/visitation rights.

It all depends on the particular situation and thus you...
Read more »

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Do I have a legal right to know who is around my child when with the other parent if I have primary custody?

I have primary but share legal. Other parent refuses to let me know who's around our child when in her custody.

Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 29, 2021

Normally speaking, a parent in a custody/divorce case with children does have the right to know where and with whom their children are spending time with. I say normally, because at times this gets a bit tricky with the parents becoming unreasonable in this request. Parents, during their assigned... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Nevada on
Q: My ex and her mom took my cats to a shelter when I wasn't home because my gf and I got in a fight. I lived here; crime?

My ex and I got into a fight when my ex was mad at me that I decided to come home to use the bathroom before a new job. She thought I was going to be late. When I went to leave, she followed me to my car. She damaged my property. She hit my car window with her hand she kicked my car. She grabbed my... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 22, 2021


I am so sorry you are going through this. These situations are never easy. Unfortunately, our firm practices family law and it seems like you may need to find an attorney who can assist you with a domestic abuse case.

I wish you all the best.

-Bonnie Lonardo, ESQ.

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: I just discovered I have a 20 year old son. His mother denied he was mine then. Can she file retroactive support?
Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 21, 2021

It is very unlikely that you will be made responsible for a child you had no knowledge of. It is best to speak to an attorney to better understand the specifics of your case and discuss your rights.

1 Answer | Asked in Domestic Violence and Family Law for Nevada on
Q: If I told my spouse that I have had an addiction to meth, is that considered domestic violence?

My wife filed a TPO because I informed her that I would use meth off and on for the past two years. She’s claiming that my behavior was a threat to her and our kids safety and that constitutes domestic violence acts against her and our two daughters. Is she right? I know I did wrong, but I told... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 15, 2021

Under the Nevada Statues, the following are acts that constitute Domestic Violence - an addiction to meth is not included in this list.

battery; assault; forcing or threatening force to compel someone to do something they have a right to refuse; sexual assault; harassing behaviors, such as...
Read more »

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Trying to move out of Nevada with minor son, no custody order. What do I need to do in order to move legally?

I am the primary custodial parent, child lives with me full time.

Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 7, 2021

As long as there is no court involvement, you are legally free to move with your child out of state. Both parents have the same rights to their children absent any court orders and thus the other parent may oppose this move and may file a motion with the court that may prevent your move.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Nevada on
Q: Living in family owned home father died.

His wife trying to evict me. Can I stay this and compel the will be produced?How do I go about this? A general form to compell to produce the WILL and stay eviction.

Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 4, 2021

Your situation sounds like it may benefit from speaking to a probate attorney. unfortunately our firm doesn't handle these types of matters but I am certain you can get assistance from a probate attorney. wishing you the best.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Judge gave custody of children to ex-husband. They do not want to live with father. Judge won't ask children. What to do

I've been in custody fight for 2 years. Court recently awarded father custody. My children don't want to live with their father, but judge won't speak with them (Girls- Ages 10, 12, 13) When I took them to meeting place, they would not go with thier father and police came. Police did... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 3, 2021

Although I understand and sympathize with your situation, generally speaking children younger than 15 or 16 years of age do not usually get to make decision as to custody preference. However, you might be able to have the children interviewed to see if the children's hesitation to go with the... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If I go to police station saying I’m concerned of my nephews well being? Haven’t spoke to him for 7 month

I raised my nephew 2-6 yrs old hrs 8 now his dad never was around my sister really dnt care about his future she doesn’t even let him comb his hair with gel she moved to Vegas in March I haven’t spoke to him my sister doesn’t let him contact me out of spite n jealousy well I heard she was... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Oct 12, 2021

it is a very commendable thing you have done in caring for your nephew. unfortunately if there is no court order giving you rights to custody or guardianship of your nephew, you don't really have legal rights.

if you are concerned about the safety of your nephew, you can always ask...
Read more »

1 Answer | Asked in Family Law and Probate for Nevada on
Q: Me and brother are the last surviving children my mother has 3 grandkids from my sister and brother that has past do my

Nephew n niece have any rights to the house n assets we have no will

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Oct 4, 2021

Assuming your mother was a raiders t of Nevada when she died, pursuant to Nevada intestate law, her deceased children’s grandchildren step into their deceased parent’s shoes. That being said, assuming your deceased siblings each had at least one child, the estate would be divided in four, on... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Nevada on
Q: If my daughter lives with my mom but I still have full custody of her, who is legally responsible for her?

My husband, my daughter and I were living with my mom. My adult son also lives there. My mom kicked me and my husband out but my daughter stayed because we have no place and are now homeless. My mother is not taking my kid to school or making her do her work. We told my mom when she kicked us out... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Oct 3, 2021

Unless there is a court order giving your parents either guardianship or custody of the children, both parents are still legally responsible for the children.

1 Answer | Asked in Family Law for Nevada on
Q: How strict is this NEvada Jurisdiction requirement. one spouse there for 6 weeks ?

Can the nexus argument be used? History, business, multiple houses. I am curently block from the Nevada house.

Bonnie M Lonardo
Bonnie M Lonardo answered on Sep 27, 2021


The Nevada Judge will require a filed form to confirm your residency in Las Vegas for more than 6 weeks.

1 Answer | Asked in Family Law for Nevada on
Q: Me and the Father of my kids DON'T get along but he insist in order for him to help me he has to be at my house

If not he won't help me and he has another child with someone else and she has no problem after taking him to court but I've tried to work with him but his abusive and won't help if his not at my house my Question what do I do he has his own place well he lives with son and takes... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Sep 21, 2021


This can be a frustrating situation.

Our firm believes in having a Custody Decree in place so the expectations and rules are in writing and filed with the court. Having this protection allows both parties to have a guideline or "rulebook" to follow to co-parent...
Read more »

1 Answer | Asked in Family Law for Nevada on
Q: When does it become to late to sign your rights over and grant temporary custody to a family member to get rid of CPS

I’m going to trial this month. Can I sign temporary guardianship to my mother and have this case dropped? When does this option no longer apply?

Bonnie M Lonardo
Bonnie M Lonardo answered on Sep 19, 2021

Generally speaking, a temporary guardianship does not prevent the court from proceeding with a CPS case. It is best to speak with the attorney in the case to inquire as to what she/he is willing to accept to meet the best interests of the child involved.

1 Answer | Asked in Family Law for Nevada on
Q: What if the child’s mother is continuously breaking the legal agreement/paperwork?

My daughters mother keeps taking her out of state without notifying me, she posts on social media that she’s drinking and I’m worried about my child’s safety. They’re in an unfamiliar area and if she’s intoxicated I don’t want her to be driving my kid around drunk. I’m too far away to... Read more »

Timothy Carignan
Timothy Carignan answered on May 9, 2021

She can get in trouble for denying you your court-approved visitation and for endangering the children, if she drinks and drives with them. You need to go to family court - preferably with an attorney- and present that evidence to the court. They will modify the order as they see fit.

1 Answer | Asked in Family Law for Nevada on
Q: Can a judge legally order me to lock my son out of the house to force him to see his father?

We have a new judge, there is a history of mental and physical abuse. My son has recently expressed fear of his father killing him if he doesn't do as his father says.

Bonnie M Lonardo
Bonnie M Lonardo answered on May 7, 2021

In any Family Law situation involving children, Nevada judges will always first and foremost look to what is in the best interest of the children. For this reason, it follows that endangerment of a child would most certainly be a compelling reason for a judge to grant a modification of an existing... Read more »

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

Bonnie M Lonardo
Bonnie M Lonardo answered on Apr 29, 2021

It has been my experience, prior to COVID, that it was really up to the individual judges if they allowed the witnesses all in the courtroom at the same time. most of the time I found that it was one witness in the courtroom at one time. Since COVID, most appearances are virtual and processes are... Read more »

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