Lawyers, Answer Questions  & Get Points Log In
Nevada Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: If I have joint physical and legal custody of my son, do I need written consent to travel with him to another state?

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.

Janice Jacovino
Janice Jacovino
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... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: In the state if Nevada can I leave to south Carolina with the father of my child not being on the birth certificate,
Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Nov 7, 2022

Moving a child out of state usually requires an agreement from the other parent or a Court Order. The fact that the father is not on the birth certificate, does not preclude the father from disagreeing with the move and filing a motion with the court. It is best to get an agreement or file a... View More

1 Answer | Asked in Family Law for Nevada on
Q: If a judge requses her self from a case due to conflict of interest can said judge still sign an order or tpo
Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Oct 27, 2022

Not sure of the entire situation here, but.... A judge will recuse himself/herself from a case when they feel there is a conflict of interest present in their continue representation, therefore a recusal means no longer being involved in the case to sign any future Orders.

1 Answer | Asked in Family Law, Divorce and Real Estate Law for Nevada on
Q: My ex wife purchased a house while we were still married. I was once told that I am entitled to part of the house.

Since NV is a common law state am I entitled to part of the house/equity? Even if a quick claim deed was signed?

If so how do we claim this?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Oct 26, 2022

Nevada does not recognize common law, but is a community property state. This means that anything that is acquired during the marriage, debts, properties and/or assets are subject to equitable division upon a divorce. Thus the house that was purchased during the marriage would have been subject... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Nevada on
Q: My attorney wont provide me with proof that he emailed the other attorney requesting a continuance like he said he did.

I was the victim of a violent crime that almost took my life resulting in very sever injuries, surgery, an extended hospital stay & months of rehab. I also had to move to another county during the investigation for my safety. I was unable to submit a reply or exhibits to a motion to change... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

In Nevada, If the attorney no longer represents you and your bill is paid, you can request your entire file.

1 Answer | Asked in Family Law for Nevada on
Q: If i move out of state while pregnant to deliver in another state is this seen as frustrating the relationship w/ father

The father has said he doesn't want anything to do with the child and also says he wants full custody. He has not been involved during pregnancy or offered any support after birth. He has asked me not to contact him until after birth. I plan to move when 6 months pregnant and deliver in... View More

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jan 22, 2024

legally speaking, you are able to move out state while pregnant. During pregnancy Nevada does not have custody over the child. Custody jurisdiction will be established where the child is born.

1 Answer | Asked in Estate Planning and Family Law for Nevada on
Q: Can legally get my inheritance out of a trust if I was named on the bank account

Does it oversee the will and the trust. My brother put my half into a snt during my grieving. And provisions in the will with so many restrictions that I can never touch a penny. And I was named on the account so was the money supposed to go to me or the trust

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

You will need a NV attorney to contest the execution of the SNT, and have the money converted sent back to you. It will be difficult to set aside the transfer.

1 Answer | Asked in Divorce and Family Law for Nevada on
Q: How to know if my husband has filed for a divorce

He not receiving mail at our newly purchased home and all he says is I’m crazy

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2023

One way is to contact the clerk of court in the county where you live and ask for a copy of your divorce file. The clerk of court will be able to tell you if your husband has filed for divorce and, if so, when he filed.

1 Answer | Asked in Land Use & Zoning, Native American Law and Family Law for Nevada on
Q: I own a house with my ex we got a title with both our names, however its on tribal land (not mine) can I get half worth?

I have the title with both our names on it and was wondering if I can get half the worth he kicked us out and wouldn't let us stay made it very toxic so we left. I have been staying in an apartment which becomes expensive when you got everything taken from you. I wanted to go to small claims... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 21, 2023

Property disputes on tribal land can be complex, and it's crucial to consult with an attorney familiar with tribal law and land rights in your specific jurisdiction. They can provide guidance on your options for seeking a fair division of the property's worth and advise you on the best... View More

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Would a Family Court Judge in NV force a 15yo child to visit other parent if the child refuses?

Joint Custody. 15yo child left other parents house 6 mo ago. Has no desire to return.

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jun 28, 2023

the court may listen to the child's wishes and take into consideration the maturity of the child and the child's best interest in making the decision, but the child does not get to make this decision without the court approval.

1 Answer | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: 15 yo child left moms house 6 mths ago and refuses to return. Grounds for father to adjust physical custody and support?

Currently there is 50/50 custody with neither party paying support.

6 months ago child left mothers house. He has no desire to return. Mother called cops on child but they dont have authority to force child to return. Does father have grounds to adjust physical custody to primary and gain... View More

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jun 26, 2023

The current Court Order will stand UNTIL one of the parties files for a modification of the order and the Court Grants it.

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Would child support arrears be affected?

If I were to modify my sons visitation to 50/50 with his dad, and stop future child support payments, would i still be entitled to the arrears that was owed? Or would the arrears be waive because of the modification?

Janice Jacovino
Janice Jacovino
answered on Apr 11, 2023

The arrears are not automatically waived. Just be careful what you sign as they can include a provision to waive them, end all child support obligations, or include some other language that may be interpreted as waiving arrears.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: what do I do if the opposing party filed a stipulation with family courts that had your signature but you never signed?

So My ex husband has a long history of filing ficticious documents with the washoe county court system and they eat it up every time. My signature was recently forged on a stipulation submitted by him and it was granted by our judge

Janice Jacovino
Janice Jacovino
answered on Apr 11, 2023

You would have to file a Motion to Set Aside the Stipulation and Order with the court stating the same.

You will both have your opportunity to argue your side. If neither of neither of you have proof, him that you signed, and you that you did not, then the judge will may have hard time...
View More

1 Answer | Asked in Family Law, Admiralty / Maritime and Arbitration / Mediation Law for Nevada on
Q: Can Nevada attorneys have a Order Incident to add certain payment amounts to a QDRO.

The defense added what I was to pay (my half) like the QDRO amount I owed, the Mediation amount owed was to be paid from my Money Purchase account. When it was written into the amended divorce decree I explained to my attorney and the defense attorney that the plan would not approve third party... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2023

In Nevada, an attorney may be able to request an Order Incident to add certain payment amounts to a Qualified Domestic Relations Order (QDRO) if it is in compliance with applicable laws and regulations. The QDRO is a legal document that directs a retirement plan administrator to pay a portion of... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: I came from out of state where I have full custody of my son. Can I leave and go home with him if I've been here for 6mo

I have full custody of my son in Washington, his dad filed to petition for a parenting plan in Nevada since we've been here for 6 months, i don't want to stay, can I leave?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Feb 6, 2023

It appears that the child might have changed residency after being in Nevada for 6 months or more. You might now need to get Dad's permission to relocate or file a motion with the Court.

1 Answer | Asked in Tax Law, Divorce and Family Law for Nevada on
Q: Can I claim our son on my taxes, who in our decree is supposed to be claimed by my ex husband?

My ex husband and I have been divorced a few years. We share 4 children. In our decree we each claim 2 of our children on our taxes. I have primary custody and he has visitations. This year our oldest son has stopped his visitations with my ex husband. He has solely lived with me since the first... View More

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Sep 30, 2022

Generally speaking the parent who has primary custody claims the children on taxes UNLESS it has either been agreed or Ordered otherwise in the Decree.

If your Decree states that the father is to claim 2 of the kids then its best to follow the Decree to avoid being in contempt.

If...
View More

1 Answer | Asked in Child Support and Family Law for Nevada on
Q: If my child support was cancelled by the mother in a district court back in 2012 how can they still be taking

I have court papers from the district court saying it was cancelled. Also signed by the mother.but my checks are still garnished etc.

Janice Jacovino
Janice Jacovino
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...
View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: How can I leave Nevada with my son and not have it jeopardize me? My marriage has turned toxic and it’s not safe for me.

I want to leave because I have no family or support here

Janice Jacovino
Janice Jacovino
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.

1 Answer | Asked in Domestic Violence, Family Law, Gov & Administrative Law and Legal Malpractice for Nevada on
Q: My lawyer and judge are friends and I asked my lawyer about an appeal in a cp domestic violence case and she quit.

My lawyer was very rude tryed to coerce me into pleading in family court and quit when I asked about an appeal because I never got 72hr hearing for child removal in Las vegas 89115

Joel Gary Selik
Joel Gary Selik
answered on Sep 3, 2022

What you describe would not be a legal malpractice case.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: I’m looking for NRS 159A form to file with the court , to contest termination of guardianship .

What form do I file to contest termination of guardianship ?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Aug 30, 2022

You might try looking at the Family Law Self Help Center website.

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.