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Questions Answered by Janice Jacovino
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... Read 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... Read 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.... Read 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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2 Answers | Asked in Family Law for Nevada on
Q: Can my daughter decide who wants to live with it? She is 16.

What form i need to fill out, to get custody of my daughter?

Janice Jacovino
Janice Jacovino answered on Nov 2, 2020

Generally speaking in custody cases the court bases its decision on the best interest of the children. One of the factors when attempting to determine the best interest is preference of the child. If you file a motion with the court to change custody, include that your daughter wants to lives with... Read more »

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2 Answers | Asked in Divorce and Family Law for Nevada on
Q: Financial abuse

My husband has decided that he will only pay for the house payment and all of the other money is his. I only make enough money to cover medical insurance. He has paid all of the other bills for 25 years. He has decided that all of the money is his and too bad for me. Should I file separation and... Read more »

Janice Jacovino
Janice Jacovino answered on Nov 2, 2020

I am sorry for the way you are being treated. Only you can decide if you are ready to file for separation or divorce. You can request support with both a divorce or with a legal separation.

Also, once you file with the court you can also file for a request for Joint Preliminary Injunction....
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2 Answers | Asked in Child Custody for Nevada on
Q: What form i need to fill out the get custody of my daughter? She is 16 years old.

I move to Vegas 7 months ago, she move with me 3 months ago, my case in San Diego. Can I fill out the paperwork from where i live?

Janice Jacovino
Janice Jacovino answered on Oct 28, 2020

You can file in California to modify the current custody order.

Once your daughter has been in Nevada for 6 months. You can file a Petition for Registration of an Out of State Custody Order in Nevada. Once the Petition has been approved/ordered by the court, then you can file to modify the...
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1 Answer | Asked in Landlord - Tenant for Nevada on
Q: How do I kick out a grown child who doesn’t pay rent and was told to move out in a month?

She moved back in after being kicked out by a boyfriend and was told she could live with me if she followed my rules and if she did she had until April and if she didn’t the date would change. She hasn’t and I told her that she had a month to move out because I want her gone and she is... Read more »

Janice Jacovino
Janice Jacovino answered on Oct 17, 2020

I am sorry you’ve been put in this situation. If she’s an adult you must follow the normal eviction procedures including timelines and notices.

2 Answers | Asked in Family Law for Nevada on
Q: Do I need another move away order or a change in visitation?

I received a move away order two years ago to move out of state with my daughter. Now that I am finishing my education I would like to move to a different state. My daughter is about to be 13 years old and would like to also voice her opinion in regards to visitation but I have not perused that... Read more »

Janice Jacovino
Janice Jacovino answered on Oct 15, 2020

Congratulations on finishing your schooling. It is understandable that once school is done that you may want to relocate. Normally, you should consult with the other party to see if he will agree to the move.

If he does not agree to allow the move, depending on your order, you may need to...
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1 Answer | Asked in Landlord - Tenant for Nevada on
Q: Can I ask for a deposit back when landlord breaks a leasing contract and I move out earlier than the termination date?
Janice Jacovino
Janice Jacovino answered on Jan 5, 2015

You can always ask. Request the return of the deposit in writing and send the request by certified mail. This way you have proof you made the request. Please note the the deposit is usually used make sure the property is left is suitable condition and many landlords find reasons to keep the... Read more »

1 Answer | Asked in Employment Law for Nevada on
Q: If I'm required to drive for my job 5-10 miles per day - between facilities, does my emp have to pay me mileage?
Janice Jacovino
Janice Jacovino answered on Jan 5, 2015

Your employer is not required to pay you mileage. However, when you drive your personal vehicle as a part of your job, you may claim your mileage and/or wear and maintenance for your personal vehicle as an unreimbursed business expense on your tax return. The easiest way is to keep track of mileage... Read more »

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