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Questions Answered by Janice Jacovino
1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Defendant to comply with any and all directives from Child Protective Services; No contact with any minors unless approv
Janice Jacovino
Janice Jacovino
answered on Apr 11, 2023

When dealing with protective services is it best to follow their rules.

If you are person who is not allowed contact, you should discuss your case with a lawyer as you may need to file in court to have contact restored and to protect your rights.

Legal Aid of Southern Nevada has...
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1 Answer | Asked in Divorce and Military Law for Nevada on
Q: who would be recomended for military benefits of a divorced wife Retirment pension in las vegas area
Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

You can use this site, Avvo, or the State Bar of Nevada Lawyer Referral Service to look for a Nevada Divorce attorney who has experience with Military Divorce and Military pension.

If no one specifically mentions military, then call a divorce attorney and ask. In addition, many attorneys...
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1 Answer | Asked in Municipal Law for Nevada on
Q: In Clark County NV, can the county force me out of my home to live on the streets declaring my house an imminent danger

Just because I was unable to pay the power bill?

Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

They can not force you to live on the streets but they are able to remove you from the house/ declare the home unsafe.

There are several agencies/programs that can help with power bills and other utilities.

some include:

https://www.helpsonv.org...
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1 Answer | Asked in Animal / Dog Law for Nevada on
Q: Can I get a dog back from my ex wife if I was the one who originally paid for it?

I got divorced in August of 2020. We had 3 dogs while married, one of which I bought from my best friend. When my ex and I sat down to go over our belongings, and who gets to keep what, we had an agreement that she would keep two dogs, and I would keep the one I paid for. This was a verbal... View More

Janice Jacovino
Janice Jacovino
answered on Feb 23, 2023

If your divorce was in Nevada you can file a motion requesting her to return your dog that was purchased from your friend.

Filing the motion does not mean that you will automatically be awarded the dog but it will give you the opportunity to have your request reviewed by the court. Per the...
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1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If my children have direct covid exposure and dr advised quarantine am I wrong to keep our kids during dads week of vist

I am mom and kids got covid exposure from step dad. kids are negative covid with heavy symptoms, and taking medicine.

Janice Jacovino
Janice Jacovino
answered on Feb 7, 2023

Your should discuss the information with dad and see if you can reach an agreement and give him the information on the children's health. As long as the travel time or being with dad does not harm the children, Dad can decide if he should to have his visitation time when the children are ill.

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 Divorce for Nevada on
Q: Do I qualify for alimony?

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... View More

Janice Jacovino
Janice Jacovino
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...
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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...
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1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Is the judge likely to rule based on the CPS report?

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... View More

Janice Jacovino
Janice Jacovino
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... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Is there something I can do to get primary so the kids can stay together? Or no because daughter was sent here.

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... View More

Janice Jacovino
Janice Jacovino
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... View More

1 Answer | Asked in Divorce for Nevada on
Q: I want to buy husband out of house during divorce and he is fighting me.

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?

Janice Jacovino
Janice Jacovino
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.

1 Answer | Asked in Divorce and Child Custody for Nevada on
Q: Do I need to be "friends" with my ex-husband/child's father on social media? Could this affect custody terms?

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?

Janice Jacovino
Janice Jacovino
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...
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2 Answers | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: Can a judge grant me hardship and be able to move my kids out of state?

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... View More

Janice Jacovino
Janice Jacovino
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....
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1 Answer | Asked in Divorce for Nevada on
Q: What part of NRS.150 specifically says that the alimony recipient can no longer receive alimony after remarriage?
Janice Jacovino
Janice Jacovino
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...
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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 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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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.

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