My child support modification was recently transferred to a new judge. I have represented myself up until this point but the judge just ruled against child support. Before this judge took over the previous judge had already said child support would be modified and I proved a change of... Read more »
If the judge is not involved in the daily case activities of the former firm, then this would likely not be a conflict of interest situation. The judge has a duty to be impartial and their former employment should not play a part in their ruling. However, if you feel uncomfortable, you may exercise...Read more »
You are free to file for divorce in any state where you can meet the state requirements for divorce. The only requirement for a divorce in Nevada is that you or your spouse have lived in the state for at least six weeks prior to filing your divorce. You have the right to begin the process at any...Read more »
Nevada is a community property state, therefore all property, bank accounts, and other assets, as well as debts, acquired during the marriage are considered part of the marital estate. Both parties are automatically entitled to an equal share of the marital estate. Nevada family law courts do not...Read more »
On January 16 I brought to her attention that she was breaking the Stipulation and Order filed with the court. At this time she directed me to only contact her attorney which I did. I filed the motion to reconsider and a motion to show cause of contempt of court for many reasons. These documents... Read more »
In my experience, this extension is very commonly offered as a courtesy by either opposing attorneys or by the court. You do have the option to object, however, in my opinion it may not serve you well in the long run if you do return to court.
I have full custody of my son. My ex quit her job, moved out of town and refuses to look for work. I lost my job in September and filed a motion to modify. The judge said that she would have to pay child support but continued the hearing until a parenting agreement was done. My case was then... Read more »
I would suggest you enlist the assistance of an experienced Family Law attorney to review the judge’s ruling as to why Child Support was denied. Generally speaking, being unemployed does not disqualify a non-custodial parent from their child support obligations, but there may have been other...Read more »
I always advise my clients to adhere to the court order as closely as possible to avoid punishment due to court order violations. Additionally, I always encourage my clients to communicate openly with the other party and to discuss matters such as these amicably, before resorting to court...Read more »
Hello, my dad has withheld all food other than peanut butter and oatmeal for over 2 weeks now. He also previously took off the shower knobs and turned off the water. Today he came into my room while I was at work and took over $3,000 worth of my belongings. Is he allowed to do all of these things... Read more »
It would depend if the child is a minor, or if they are of legal age and therefore no longer the father’s responsibility, legally speaking. If the child is a minor, then the father is legally responsible for creating a safe environment for his children, this includes providing basic essentials...Read more »
He has been gone for 7 months without contact or providing support. I have them, want to keep them. But what route do I go in order to do so? Can I file for guardianship while they're in my home? Or do I need to call cps and have them go into the system first in order for it to be on Record... Read more »
You may petition the court for guardianship, however you will have the burden of proving that being the guardian for the children, over their biological father, is in the children’s best interest. In doing so, it would serve your case to include evidence of his abandonment.
The child is 7 years old. I am listed as the father on the birth certificate. We are divorced. During the divorce she was given full custody as the dna test came back, I was not the paternal father. She died out of the country and I am trying to get the child back to the U.S. The actual paternal... Read more »
If the mother had full custody of the child prior to her death, the child will likely be taken into state custody until arrangements have been made for a family member or guardian to care for the child. If not predetermined by the mother’s will, that process may include a hearing to determine...Read more »
I have a question about gaining permission to relocate. I’m a single father with primary custody, married almost 10 years, divorced in June 2019, Divorced with 50/50 physical and legal custody of D7 and S10, July 2019 had to file an emergency motion to take primary custody of the children... Read more »
Moving out of state without the other parent’s permission can be difficult, but it is not impossible. You will need to petition the court to have the judge decide whether moving the children away from their mother to be closer to your family is in the children’s best interest. You will need to...Read more »
If you have had a long standing visitation arrangement as well as a positive relationship with your grandchildren, and have evidence that it is in the child’s best interest that they remain in your care, then you may have a case to motion for joint custody. The right to child custody is only...Read more »
If my kid's father, myself and my two kids are staying in a hotel at a casino. If I went down to the casino and got arrested for drugs. Would they go up to our room and take our kids if the other parent had no involvement or knowledge that the other one was even using drugs?
Generally speaking, if one parent is arrested, then the other parent would generally take on temporary primary or sole custody until the other parent is released or a custody modification is issued. If both parents are arrested, the children will be taken into state custody until released to a...Read more »
my mother in a temporary custody battle made it very hard for me and my girlfriend to cooperate together and see our daughter together she complicated it should we present that in court when we're just trying to get our custody as good parents or would that make it more of a damage battle... Read more »
We have split weeks in which my daughter is with me and when she is with him but I do not approve Of her leaving the state without either one of us with her. Is there anything I can do to refrain her from going?
Unless this matter is specifically mentioned in your custody agreement, then generally speaking the grandparents do not need additional permissions to take the child out of state. If they are traveling within the father’s designated visitation, then they only need the child’s father’s...Read more »
Unfortunately, due to the COVID-19 pandemic, it’s been fairly common for hearings to be postponed – sometimes even more than once. When a judge rules to postpone a case, it can be due to matters outside the party’s control, as in the case with COVID, or based on the judge’s determination....Read more »
Post-nuptial agreements are recognized in all 50 states, regardless of where they were originally drafted and filed. However, many laws vary state to state, therefore, if a matter included in the post-nuptial agreement was pertinent to the laws in the state in which it was filed, that matter may...Read more »
My ex was ordered to pay a car loan (the loan is in both our names) per our divorce decree, she is having trouble paying it, she has agreed to let me pay off the loan and deduct that amount from the remaining spousal support. What paperwork can we file with the court so this gets logged in our... Read more »
I would recommend that you file a stipulation to modify the current spousal support court order. The modification should represent the new, agreed upon alimony amount that reflects what was deducted due to the car payment. Any other pre-payment should be made in the form of a check that is...Read more »
Is a will still good after divorce? My mom remarried but ex step dad did not, thet were still friends having other kids together. The will leaves her pretty much everything is it still valid even though they divorced? My second ? In their divorce papers its stated that she is to be left the house... Read more »
Nevada law does nullify an ex spouse as a beneficiary in a will dated before the time of divorce. All other beneficiaries in the will do however remain valid. If, as you say, the house was explicitly mentioned in the divorce decree as being left to your mother, then this may stand regardless of the...Read more »
We got married in front of plenty of family and friends we both signed a Ketubah ( Jewish marriage contract ) with 2 witness signatures and the Rabbi we couldn’t file our paper work because of the Corona Virus
As long as the couple has a valid Nevada marriage license and the ceremony was performed by a Nevada licensed Officiant with at least one witness, then the marriage is legally recognized. The officiant’s failure to record the marriage documentation within the required 10 days after the ceremony...Read more »
My wife and I got married more than a year ago after dating a little more than two years. We got tired of not being able to be together all the time since I'm Mexican and she is a US citizen. So, We got married because we loved each other and filed the necessary docs to the USCIS with the help... Read more »
I suggest discussing your situation with an experienced Immigration attorney regarding your green card application. As for the divorce, it appears you are on your wife’s timeline as to when the divorce will occur or become final. In Nevada, a spouse cannot delay or refuse a divorce if the other...Read more »
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