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Questions Answered by Bonnie M Lonardo
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
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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 Child Custody for Nevada on
Q: Do I need to tell my ex who I share 50/50 custody with where we are staying?

Our apartment needs repairs and my insurance is putting us up in a hotel suite with two bedrooms and a full kitchen until the repairs are done. The exchange is today and I will be getting the kids. I am wondering if I should be forthright about what is going on and tell them where we are staying or... Read more »

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

Yes, parties sharing joint physical custody should share their addresses between them and update their address with the court.

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
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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... Read more »

1 Answer | Asked in Child Custody for Nevada on
Q: In a child custody order does removing a child from the state without permission mean move or vacation?

I have sole legal and physical custody of my child. I was reading through my order and came upon the part stating that neither party may remove the child from the state with out permission from the other party. I am understanding this as I may not move out of state without permission. I just wanted... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Nov 7, 2022

Yes, normally this is referring to 'relocating' with the child out of state. In order to relocate or move the child out of state, you will either need the approval from the other parent or a court order.

Taking the child out of the state for vacation, does not normally require...
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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
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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
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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... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: My ex husband demands the car back that was a gift 5 years ago . his name is on the vehicle
Bonnie M Lonardo
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Bonnie M Lonardo
answered on Oct 24, 2022

since there is not much information on this question, its safe to assume that since you state he is your EX-husband that you have a divorce decree. this decree should have included the division of all your marital/separate property and debts and the vehicle which you mention should have been... Read more »

1 Answer | Asked in Divorce for Nevada on
Q: I am in a verbally abusive 50 year marriage and want a divorce. What do I need to do?

He has Company Stock options, am I entitled to 50% of the stock value?

I am scared for my well being financially.

Can he take all the money out of our savings account?

How can my son. Nd daughter-in-law get be removed as Financial Power of Attorney?

Medical I Power of Attorney for my husband?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Oct 13, 2022

Nevada is a community property state and all assets and debts acquired during marriage are subject to equitable distribution. Also, depending on your situation, alimony/spousal support may also be something that you could be entitled to.

It is best to speak to an attorney to be sure...
Read more »

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... Read more »

Bonnie M Lonardo
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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...
Read more »

2 Answers | Asked in Divorce for Nevada on
Q: My husband & I have agreed to file for divorce. Can we file for JOINT PETITION? Even if he resides outside of the US?

Part of the Joint Petition is a Secondary Petitioner's Verification which requires for notarization. How do we go about this? I live in Las Vegas but he lives in the Philippines.

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Sep 12, 2022

As long as one of the parties has lived in Nevada for at least 6 weeks prior to the filing of the Joint Petition and has established residency in Nevada, you can file the JP in Nevada. the JP can be notarized in the Philippines and filed with the court here in Nevada.

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1 Answer | Asked in Divorce for Nevada on
Q: My wife wants to divorce and initiated separation. I agreed to leave home. Do I have to split mortgage/bills?

I agreed to leave the house because I have family here and she would've had to get an apartment. I also hoped she would come around to considering counseling first. She is adamant on divorce but wants to split all of the bills even though she's leaving there alone now. We are both on the... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Sep 8, 2022

The general rule is that while the parties are going thru the divorce process, they must maintain the status quo. This means that the mortgage and marital financial obligations such as bills, credit card payments, etc., must continue to be paid in the same manner and by the same party that was... Read more »

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
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Bonnie M Lonardo
answered on Aug 30, 2022

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

1 Answer | Asked in Divorce for Nevada on
Q: my name is Jennie and I'm trying to get a divorce from a man that's married to another woman at the same time as me
Bonnie M Lonardo
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Bonnie M Lonardo
answered on Aug 11, 2022

Having more than one husband or wife at the same time is considered Bigamy and is outlawed in most states, including Nevada.

Therefore the second marriage will automatically be void and have no legal significance.

1 Answer | Asked in Child Custody for Nevada on
Q: I have a couple questions about family custody

Hello my name is Savannah B.,

My husband has 2 kids by someone else . They were both living in San Diego . She had left to Las Vegas Nevada. So we decided to move to Las Vegas so he can be closer to his kids . Well we never saw them or she didn’t contact us . On his kids were about’s .... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jul 11, 2022

A parent cannot move a child out of the child's resident state without either a Court Order or the other parent's consent.

I am not certain from your question and fact pattern if the parties already had a Custody Order in place before Mom moved away with the children. If there...
Read more »

1 Answer | Asked in Child Custody for Nevada on
Q: I filed an ex parte on the other parent for child abuse and neglect on another child. Can I keep child until hearing

Daughters father recently had a warrant for his arrest for child abused and neglect on another child living with him. I filed an ex parte when he was arrested on these charges. Can I keep my daughter until our next hearing?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jul 11, 2022

If you feel that the child is in danger from being with the other parent due to his current arrest for abuse and neglectful then I would suggest filing a motion with the court for temporary orders before keeping the child away from the other parent. It is never a good idea to violate a current... Read more »

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... Read more »

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jul 11, 2022

Relocating children out of the state is a difficult thing to do without the other parent's consent. You will need to file a motion with the Court stating why it is in the children's best interest to be relocated and moved away from one of their parents.

Although this is...
Read more »

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1 Answer | Asked in Family Law for Nevada on
Q: Can you get a joint annulment for fraud?

My husband hid a domestic violence misdemeanor from me. He has been violent to me. After 5 years, can I get an annulment?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Jun 29, 2022

Nevada law does not have a time limit to annul a marriage, however three years seems to be the general consensus.

that is not to say that the annulment will not be granted if the marriage is longer than the three years, but to get the annulment you must meet the requirements which are you...
Read more »

1 Answer | Asked in Divorce for Nevada on
Q: My husband had an affair. We've been back and forth on getting a divorce or trying to work it out.

If we do get divorced, he wants to file online for it's cheaper, faster, and easier. But I would have to agree to all his terms he has set out. He wants to keep our house so our kids can stay with him most of the time while I find a 2 bd apartment but claims we share 50/50 custody. He also... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jun 20, 2022

Based on your description of your husband's request, It appears that your husband is looking to get Primary Physical custody of the children in exchange for taking all the marital debt.

I cannot counsel you on what is best for you and your family, but can tell you that the...
Read more »

1 Answer | Asked in Divorce for Nevada on
Q: My wife has filed for divorce. We were married in 2012. We have been separated about 75% of that time. No children

No property together. I retired prior to us getting married. I'm not employed and she wants spousal support and my retirement. We have been living apart for the past 3-4 years. We were married in Las Vegas(where I live) and she lives in Ohio. Is she entitled?

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

She should not be entitled to your retirement as it was earned prior to your marriage. However, the income you receive from the retirement monthly may be used to calculate your total income in order to calculate spousal support amount.

1 Answer | Asked in Child Support for Nevada on
Q: I opened a child support case in California when my child was an infant. The father moved to Chicago. I closed the case

prior to obtaining a child support court order. My daughter is now an adult. Can I reopen case and receive back child support?

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

It appears that since the child reached majority without any child support order in place, from either the family court or the district attorney child support division, you waived the right as you intentionally relinquished your right to child support by closing the support case.

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