Get free answers to your legal questions from lawyers in your area.
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... View More
answered on Dec 3, 2020
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... View More
And no new custody order has been filed sense so as I understand those temporary custody orders have rained in effectSo now I have allowed the kids to go to visitation for part of the summer and I let them stay for an extended due to the Covid and now a lawsuit is being filed against me by child... View More
answered on Dec 2, 2020
It is best to respond to the child support lawsuit with a request that child custody also be reevaluated. If child support is awarded, it will be based on how the child custody is arranged. Both the child custody and child support cases should be held in the state where the children have resided... View More
I HAVE HAD HER FOR A YEAR AND HER PARENTS CAN NOT TAKE CARE OF HER. I MAINLY NEED T/O KNOW HOW TO GET THE BALL ROLLING. I HAVE A POA FOR HER FROM HER PARENTS AS WELL
answered on Dec 2, 2020
You may file a motion with the court to ask for guardianship. Nevada Family Law courts do prefer that both parents share custody of their children whenever possible, therefore the burden to prove this change in custody is in the child’s best interest will be on you as the grandparent. However,... View More
I work 40 hrs a week plus, i am going to school full time and my child was taken from my husband and i on july 2nd of this year due to dental decay, which has since been fixed. i need some help please my public defender is never in her office and i dont feel comfortable with my case worker i have... View More
answered on Dec 2, 2020
I'm sorry to hear you're in this difficult situation. Continuing to comply with the court ordered evaluations and screenings are definitely in your best interest and can only help your case. My suggestion is to look into Legal Aid Services in your area as they may be able to help out or... View More
grandparents filing a restraining order against me on no cause and wont allow me to see or be near my kid and have no custady rights when im the father and the miother is willing to let me be their and around my kid
answered on Dec 2, 2020
If you have a court ordered custody arrangement and that arrangement is being violated, you may file a motion for contempt in order to ensure your visitation rights are protected. If a formal custody arrangement has not been ordered, you and the child’s mother may informally draft your own... View More
I allowed extrnded visitation due to covid and to avoid stress on kids. Husband doesnt allow constant contact now and a child support lawsuit had been filed against me. What do i do? Do i file here in nevada or there in california?
answered on Dec 2, 2020
If a Child Support case has been filed, it will likely force Child Custody to be reevaluated as well, as they go hand in hand. The case should be filed in the state where the children have resided for the last 6 months. If the case is already open in California, but the children reside in Nevada,... View More
answered on Nov 11, 2020
Regardless of where the parent lives, if they were ordered to pay child support, they are obligated to comply with that order. If the order is not being met, then the parent has the option to file a motion for contempt in Nevada. The judge may then impose penalties or punishments for failure to pay... View More
Can he come after me if I make more money than him? Or have a job.
answered on Nov 9, 2020
Either parent has the right to motion for a child support modification at any time. However, in Nevada, the judge will only consider granting a modification if there is at least a 20% change in income for either parent (the one receiving or the one providing child support). If a formal child... View More
What form i need to fill out, to get custody of my daughter?
answered on Nov 11, 2020
In Nevada, the court determines all cases involving children on what is in the best interest of the child. While a teenager’s preference may very well be a factor in determining the child’s best interest it is not the only, nor the most important factor the court will look at. You would begin... View More
My husband has decided that he will only pay for the house payment and all of the other money is his. I only make enough money to cover medical insurance. He has paid all of the other bills for 25 years. He has decided that all of the money is his and too bad for me. Should I file separation and... View More
answered on Nov 3, 2020
I’m sorry to hear that you’ve been put in this position. In Nevada, all assets as well as debts and bank accounts accumulated by either spouse during the time of the marriage are considered part of the marital estate. Community property laws do require an equal division of all marital assets... View More
I move to Vegas 7 months ago, she move with me 3 months ago, my case in San Diego. Can I fill out the paperwork from where i live?
answered on Nov 11, 2020
Either parent can file for child custody at any time. Typically, it is recommended to file in the state where the child has lived for the last 6 months. If a case is already open in California, it is not recommended that you file for custody in Nevada at the same time. You may need to consult an... View More
I receive unemployment and only get $331.00 a week and child support takes 50% of that so I make about $550.00 a month now. I've truly been struggling. How can I get some help? I've tried to keep in contact with my daughter for all these years with no success. The last time I seen her was... View More
answered on Oct 22, 2020
In order to modify child support payments, you must file a motion with the court demonstrating a 20% change in income since the current child support order was ordered. Otherwise, you may motion the court for a child custody modification which may impact the amount of child support ordered if a... View More
I received a move away order two years ago to move out of state with my daughter. Now that I am finishing my education I would like to move to a different state. My daughter is about to be 13 years old and would like to also voice her opinion in regards to visitation but I have not perused that... View More
answered on Nov 11, 2020
If you have a joint custody agreement with the child’s father then you would need his approval to move your child out of state. If he does not agree, then you would need to file a motion with the court to determine if the move will be in the child’s best interest. In this motion you may request... View More
I tried to file my the court packet myself, but it was rejected because I filled it out wrong. I then went to mediation with my children’s father to figure out custody agreements but then he didn’t follow through with mediation. He’s unhealthy and unstable and addict. How can I do this... View More
answered on Sep 28, 2020
The most economical legal aid option would be to seek guidance from your local Family Law help center. However, having much experience in Family Law and Child Custody cases, I strongly recommend that any case involving children be represented by an experienced Family Law attorney. Child Custody and... View More
Shouldn't a father already have that information? Why should the mother give it to him, especially if the two have ongoing legal issues, and the mother doesn't know why he needs it? Is the mother legally obligated to give it to him without a court order? It's just more work for her.
answered on Sep 14, 2020
The child’s social security number and use of it is most often a matter of legal custody. If the parents share legal custody, then both parents would need to be involved and provide their approval for any important matters in which a social security number would be necessary (i.e. decisions... View More
I would like to adopt or step I'm just not sure how to do it. Me and the mother are not romantically involved but we are best friends any help you could give would be great
answered on Sep 9, 2020
Adoption would be possible only if the child’s biological father’s rights have already been terminated, or if he is willing to forfeit his parental rights. If the child’s biological father intends to keep his parental rights, then the court will not grant those rights onto additional parties.... View More
So, I have primary custody of my kids. Have for 3 years...dad doesn't pay child support currently per the original order. Petitioned for a review. Whats the liklihood a judge keep the no support order in place vs awarding support to custodial parent? Non custodial parent has had a significant... View More
answered on Sep 3, 2020
A child support modification is generally only warranted in response to a significant change in circumstance or change in custody. Specifically, when the reason for the modification is due to change in income, the court requires a 20% increase or decrease in income in order to justify the... View More
answered on Aug 25, 2020
This situation is a matter of legal custody. While the parents may have 50/50 physical custody and spend equal physical time with the child, when it comes to this type of decision making for the child, these are aspects of legal custody. If the parents have 50/50 legal custody, then any decision... View More
answered on Aug 19, 2020
Since there are children involved, I would highly recommend seeking an experienced Family Law attorney to make sure your rights and interests are well represented. Once Child Custody and Child Support arrangements are ordered by the court, they can be difficult and expensive to modify. My position... View More
I am the father of two children ages 12 and 15, years old. Their mother is consistently telling my children that I murdered my stepfather which is not true. I was not born when my stepfather was murdered during 1981. I was born 1982, my two children believe their mother now they do not want to... View More
answered on Aug 12, 2020
The matter of needing the mother’s permission to attend the type of mental health treatment your children were referred to is a matter pertaining to the legal custody arrangement in place. If you and the children’s mother share joint legal custody, then, yes, it is likely that she would need to... View 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.