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Questions Answered by Bonnie M Lonardo
2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Nevada on
Q: Living in Georgia prior to 11-1-2023, I moved to Las Vegas with my now 19 month old daughter, my mother and step-father.

Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Feb 14, 2024

If Georgia has jurisdiction of the child, and you have a previous custody decree, leaving the state without either the parent's consent or a court order giving you permission to relocate is not a good idea and can possibly have negative repercussion for you . It is best to file a motion with... View More

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1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: I have existing 50/50 custody of my 16 yr old. She doesn’t want to come back right now and her father is encouraging her

My 16yr old doesn’t want to return to my home right now because she doesn’t like the rules or “treatment” (getting phone taken for failing grades and bullying) her father encouraged her to stay with only him as he’s tried 3x for full custody, never won. She is not monitored or corrected... View More

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Aug 4, 2023

It is true that due to her age she might be granted teen-age discretion. However, if you are able to prove that in spite of her age, being with her father full time is not in her best interest due to lack of supervision, rules, proper discipline and/or guidance, the judge might not award teen-age... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Nevada on
Q: Why do I have to pay child support if I take care of my children I get them everything they need but I can't see them.

He is abusive and won't let me see my children but I provide everything and he doesn't buy them anything because I have already provided it. So why do I still have to pay child support

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Mar 20, 2023

Parent's have a responsibility to take care of their children's basic needs, such as housing, food, clothing, entertainment, transportation, etc Child support payments are ordered from the court as a way for parent's to meet the child's basic needs. The receiving parent does... View More

1 Answer | Asked in Divorce for Nevada on
Q: I have been married since 1998 and getting a divorce now am I owed anything?

we have been togeather since 1992. Is it out of line if I ask him for half his retierment?

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Feb 9, 2023

Given the length of your marriage, it appears that you may be entitled to your community property rights of equitable division of assets and debts. Generally speaking the court will start with the presumption that the assets and the debts will be evenly divided between the parties. Also, due to... 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
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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... View 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... View 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... View More

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
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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 Child Custody for Nevada on
Q: in the process of family court. Im being served by mail court docs that have not been stamped from the court. Legal?

Paperwork is not stamped as if they aren’t submitted to the court. Usually they stamp Rec’d and Filed. I don’t know if this is legal or proper.

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

Initial documents such as a Complaint must be filed before being served on the opposing party.

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
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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
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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 Divorce for Nevada on
Q: So my husband up and left me and went out of state Can I get a divorce from him if I don’t know where he went?

He left while I was at work and never told me he was leaving me and he had also left me for another woman what Can I do

Bonnie M Lonardo
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Bonnie M Lonardo
answered on May 29, 2023

Yes, you are able to file for divorce even though you do not know where your husband is. There are ways to attempt to locate him and if that fails, there are processes by which you can still obtain a divorce.

1 Answer | Asked in Divorce for Nevada on
Q: My husband was being unfaithful , cheated on me, got another girl pregnant and had the baby without telling me.

I want a divorce from him asap. He’s currently in Nevada while I’m out in San Diego. We had plans but obviously plans have changed. I recently just found this out. He never told me anything, just kept askin me for money and I sent him so much money and he hasn’t paid me or financially helped... View More

Bonnie M Lonardo
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Bonnie M Lonardo
answered on May 17, 2023

As a married couple you have rights to a community share of the martial estate. you might also have a claim for martial waste.

It is best for you to make an appt. to speak to an attorney about a divorce and your rights.

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

Deleted

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 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
PREMIUM
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... View 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
PREMIUM
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...
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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
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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...
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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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