Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Bonnie M Lonardo
1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: My husband and his ex fling have joint custody through mutual agreement, however the ex and I are the ones who agreed on

this and I have him more than his dad because my husband works out of state. We have been doing this arrangement for a year now, and just today she told me she is keeping their son on Sunday (which is the day we always switch off) because of Mother's Day and she still wants him back the... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on May 10, 2022

Since it appears from your question that there is no legal custody order in place, Mom has the right to keep her son if she chooses without legal repercussions. I suggest that Dad file for custody and get a legally binding order in place for his custody rights and avoid any future issues like... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Hello my ex and I broke up in 2014 I moved to Texas and she stayed in Nevada. Well I’n 2015 she had me served with

Custody order wanting sole custody. Well I wasn’t able to make it to court so judge gave her sole custody and I have no rights or visitation. But in 2016 I moved back to Nevada to be in my daughters life. I’ve been around my daughter for almost 5 and half years. I’ve taken her places bought... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on May 10, 2022

I believe strongly in retaining counsel whenever you have a legal matter regarding custody of children. These cases can get very complicated and you are fighting for the most important and fundamental right as a parent. It should be handled by an experienced attorney to get you the best possible... Read more »

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: Can I file a complaint against an Nevada RE agent that owes a substantial amount of c/s arrears?

He owes $25K in arrears and was being garnished but now has his commission checks cut in his RE partners name to avoid further garnishments

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on May 2, 2022

I am assuming that you have an order from either the family court or DA's office as the father has been garnished. You can either contact the DA's office and request they investigate further into his income or file a motion with the family court.

Because the arrears are over...
Read more »

2 Answers | Asked in Family Law for Nevada on
Q: Im married and live in nevada state my husband and i have a child together . We are separating and ive decided to move

Back to California with my grandmother . I want bring my son with me back to California without getting in trouble or charge with kippnapping.

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 29, 2022

To relocate with the child, you will either need to get the consent of the other parent or file a motion with the court granting you permission to relocate.

View More Answers

2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: Dr appointment. Me and my ex-husband have a joint custody. I've been asking him for doctors

That are approved for by his insurance. My son has been sick throughout the year school year I picked out two doctors made appointments because he hadn't give me his doctors that he suggested. Then he decides to go and find a doctor and take him to the doctor. I still want them to go to a... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 19, 2022

If the custody order awards you both joint legal custody, then you both have the right to take the child to doctors if needed. it is important that you both discuss the choice of doctors as the court is expecting you both to co-parent. Please know that with joint legal custody, one parent cannot... Read more »

View More Answers

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.

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 18, 2022

As this is not a settled matter in Nevada, it will come down to deciding if the property that was placed in the trust was and will be considered community property or separate property. Putting assets in a trust does not automatically make the assets separate property. The source of the assets... Read more »

View More Answers

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?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 15, 2022

As long as you are not infringing on the other parent's custody/visitation times, you are not prohibited from moving to a new residence. Be sure to inform the other parent of your new residence.

View More Answers

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... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 15, 2022

In order to adopt the child, your significant other will need to file to terminate the biological parent's rights.

View More Answers

1 Answer | Asked in Family Law for Nevada on
Q: I currently have joint custody. We have a MSA put in place that he has the insurance and we both pay half.

His insurance didn't work so I got Medicaid. In the past before the MSA was put in place he would refuse me taking the children to the doctor. We also have our family wizard account and now he's asking if I have Medicaid. He has a lawyer. Should I have gotten Medicaid without his... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 8, 2022

The law requires that the children be insured. If the agreement was for Dad to cover the child under his insurance and he is no longer able to do that, getting Medicaid should not present a problem as you are being responsible by having the children insured.

You should both be sharing...
Read more »

1 Answer | Asked in Divorce and Civil Litigation for Nevada on
Q: I’ve been divorced for about almost two years. Me and my ex bought a house together.

I’ve been divorced for about almost two years. Me and my ex bought a house together and she was ordered to sell or refinance within a year. She has done neither. If she sold then the profits were to be split equally. Do to the pandemic I wasn’t sure if I could have force her out in the first... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 4, 2022

If the divorce decree stated that the equity of the house was to be evenly divided, she must follow the court order. Failure to do so would be contempt of court and you can file a motion with the court forcing her to abide by the decree.

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?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 4, 2022

In Nevada, abandonment occurs after a 6 month absence from the child. However, the absence doesn't automatically amount to giving up the parental rights to the child. The mother would have to file with the court to have the rights terminated.

View More Answers

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

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 4, 2022

As the biological mother she will have rights. the extent of those rights will depend on the facts of the case.

View More Answers

1 Answer | Asked in Divorce for Nevada on
Q: If my husband and I were to divorce would I have rights to his business or commercial property if I’m not on the loan?
Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Mar 21, 2022

Nevada is a community property state and thus any property that is acquired during the marriage, regardless of whose name is on the loan or title, can be subject to equitable division.

It is best to speak to an attorney to discuss your situation and decide what if any rights you have to...
Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Can I file a tpo on a parent that was arrested for assault on her court ordered week and had an outstanding warrant

She was arrested for assault on her court ordered week for premeditated assault. She brought the kids to my house pretending she had to work, told the person she was going to assault she would be back to “smash her face in” went back and assaulted her. She was arrested and had an outstanding... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Mar 11, 2022

A TPO is filed if their fear of threat of domestic violence, harassment or stalking, workplace harassment, sexual assault or child abuse.

If you are in this situation, then you should consider filing a TPO.

1 Answer | Asked in Divorce and Civil Litigation for Nevada on
Q: If my girlfriend finances a car in her name and we break up, am I still responsible for the payments ?
Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Mar 8, 2022

as you are not married, and the car is in your girlfriend's name only, you should not be responsible for it if you should break up.

1 Answer | Asked in Divorce for Nevada on
Q: My wife kicked me out and got rid of my truck

Hi my wife kicked me out after a little over a year of marriage in the beginning of December. A few weeks later she had one of her friends call me and say he's towing my custom truck that I spent the last 10 years building out of the garage and if I don't give him money he's going to... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Mar 7, 2022

because you are both still married and have not filed any documents with the court (I am assuming you have not), the court will not be able to assist you with this matter at the moment as you are both still married.

I recommend you remove your truck and any other personal belongings from...
Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Nevada on
Q: Hi,I have a step son and he has 2 last names. Taylor-O’Neill.Which name would be used as his last name, e.g in school?

We agreed on the hyphenated last name so the mother was happy, but overall we wanted him to have his dads last name(O’Neill). Was it wrong how we hyphenated it. Is the first last name what places,business, etc go by? Thank you.

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Feb 28, 2022

if the legal name is hyphenated, the entire hyphenated name should be used as his last name.

1 Answer | Asked in Child Support for Nevada on
Q: I difnt know I owed child support cause I thought my parental rights were taken from all 3 of my kids not just 1

I owe 20000 now I found out when they took my stimulus n refund last year.My ex told child support he didnt want the money but they are still pursuing.can I get this dismissed?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Feb 12, 2022

Your ex can contact District Attorney child support division and request to 'waive' the outstanding child support arrears.

1 Answer | Asked in Child Custody for Nevada on
Q: 50/50 custody. Steps to move out of state with children; if ex husband will not permit it?

Ex husband will nor come to an understanding or arrangement.

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Feb 7, 2022

Unless your Order gave you permission to relocate with the children, it is best not to do so without either the other party's consent or Judge approval as you will likely be Ordered to return the children, may have to pay for the other side's attorney fees and/or may cause the judge to... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: Can a hearing date be moved without a pro se litigant being notified? If not, what can I do about the outcome?

I had a hearing scheduled for my case get postponed until another hearing scheduled for 21 days later occurred. However, the judge and opposing party both were in court on the date for MY case but were discussing the other case. I almost didn't show up, even called the clerk of the court to... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jan 25, 2022

Hearing dates are fluid and are constantly subject to being changed for many different reasons some of which can be due to the court's calendar or counsel's conflict. If a court hearing is changed, you should have received a notice giving you the new hearing date. Although I understand... Read more »

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.