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Nevada Family Law Questions & Answers
1 Answer | Asked in Landlord - Tenant, Family Law and Real Estate Law for Nevada on
Q: How to handle asking daughter to leave without written agreement?

My 21-year-old daughter has been living in my house for the past 6 months, paying $250 in rent. She has been difficult to live with, and she planned to move to her grandmother's house by this Saturday. I asked her to return the keys today, but she threatened to call the police on me. There is... View More

James L. Arrasmith
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answered on Apr 12, 2025

This is a tough and emotional situation, especially when it involves family. Even though there's no written agreement, the fact that your daughter has been paying rent means she may be seen as a tenant under Nevada law. That means you can't just ask her to leave immediately—you’ll... View More

0 Answers | Asked in Family Law and Child Support for Nevada on
Q: Can a father on SSI sign over parental rights in Nevada?

Can my children's father voluntarily sign over his parental rights? We have discussed this matter, and since his only income is SSI, I understand that I would not receive child support. Are there any specific legal requirements or considerations we should be aware of?

0 Answers | Asked in Probate, Family Law, Social Security, Civil Litigation and Public Benefits for Nevada on
Q: Executor failed to file will timely affecting 1/3 property in Nevada; I'm excluded from will but paid taxes jointly. Legal options?

My husband passed away two years ago on April 15th, 2023. We had been separated for quite some time but never filed separation papers, and we were married for 39 years at the time of his death. The executor named in his will failed to file the will in a timely manner, necessitating the hiring of an... View More

0 Answers | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Should I file an emergency motion for custody change due to ex's failed drug test?

I am going through a divorce custody trial scheduled for May 23. I have three sons aged 18, 16, and 12. My ex recently failed a drug test for controlled substances and has been withholding the children and allegedly allowing them to participate in substance use. I tested positive only for THC on... View More

0 Answers | Asked in Child Custody, Family Law and Juvenile Law for Nevada on
Q: Legal steps for father to seek custody in Nevada before I turn 18

I am 17 and live in Las Vegas, Nevada. For the past year, my mother has not provided me with proper homeschooling, social interaction, help with life skills, or guidance in obtaining a job or state ID. Despite reporting this to CPS and the police, they sent me back to live with her as she has full... View More

3 Answers | Asked in Immigration Law, Divorce, Domestic Violence and Family Law for Nevada on
Q: Adjustment of status denied after spouse's withdrawal, now out of status.

I got married to my ex-husband two years ago while I was on a J1 visa and in status. He filed for my adjustment of status, but now our marriage is ending due to his alcoholism and drug use, along with his lack of financial support. Recently, I received a message from USCIS saying my case was denied... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 31, 2025

If you were the victim of emotional or physical spousal abuse, then you could file an independent petition for a green card under the violence against woman act. The success of an application would depend upon the unique facts of your case. If he was an alcoholic, and he was threatening to withhold... View More

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1 Answer | Asked in Divorce, Child Custody and Family Law for Nevada on
Q: Can my friend in Nevada pursue divorce and gain joint custody after an incident with her husband?

I have a friend who wants to divorce her husband of 12 years due to ongoing mental and emotional difficulties. In 2020, after an incident during a postpartum period, he called the police on her due to an accidental scratch, but the case was dismissed. She is wondering if she can pursue a divorce... View More

Jennifer Setters
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answered on Mar 31, 2025

No-Fault Divorce in Nevada:

Nevada is a no-fault divorce state, which means that a party doesn’t need to prove wrongdoing to obtain a divorce. Ongoing mental or emotional difficulties or an isolated police incident (especially one that was dismissed) typically aren’t barriers to filing...
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1 Answer | Asked in Divorce, Family Law and Civil Litigation for Nevada on
Q: Options for divorce settlement issues in Nevada and California: dealing with excluded assets and costly forensic review.

I live in Nevada, and my spouse lives in California. I filed for divorce in California, and we've just had a divorce settlement conference, but I'm unhappy with the settlement and my attorney. The settlement excludes assets I brought into the marriage and disallows my inheritance from my... View More

Jennifer Setters
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answered on Mar 31, 2025

Reevaluate and Renegotiate the Settlement

Discuss Your Concerns:

You can speak with your attorney about your dissatisfaction with the settlement—specifically the exclusion of premarital assets and your inheritance. This could open the door to renegotiating the terms before...
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1 Answer | Asked in Child Support and Family Law for Nevada on
Q: What do I need to request child support and enforce payments in NV?

I am a single mother, and my baby's father, who lives in another state, and I had a verbal agreement for child support payments, but he is no longer fulfilling it. We have never had a formal child support order through the court, but his name is on the birth certificate. What documents do I... View More

Jennifer Setters
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answered on Mar 13, 2025

In order to request and enforce child support payments in Nevada, you will need to establish a formal child support order through the court, as verbal agreements are not legally enforceable. Since the father lives in another state, the case may involve interstate child support laws, requiring... View More

1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Family Law and Contracts for Nevada on
Q: Can a plaintiff file a lis pendens if judgment execution is delayed and assets are transferred?

I am dealing with a situation where the family court has entered a judgment for the division of several joint accounts, but the defendant has delayed execution and transferred the joint assets. The defendant's appeal has been dismissed, and there is a motion without progress. Currently,... View More

Jennifer Setters
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answered on Mar 13, 2025

A lis pendens (or "notice of pending litigation") is typically used in real estate disputes to provide public notice that a legal claim is affecting a property. In Nevada, a lis pendens is generally limited to cases involving title or interest in real property and may not apply directly... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: My ex decided he wants nothing to do with our baby and wants to relinquish his rights. Does he still have to if he’s not

Does he still have to sign over his rights if he’s not on the birth certificate? The baby will be born in Las Vegas,Nevada

Jennifer Setters
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answered on Feb 24, 2025

In Nevada, if the biological father is not listed on the birth certificate, he is not automatically recognized as the legal father. However, if he wants to formally relinquish his parental rights, he may still need to go through legal proceedings, especially if you or someone else (such as an... View More

2 Answers | Asked in Child Support and Family Law for Nevada on
Q: Can a prior motion to reduce child support be revisited in future motions after it was completed?

I filed the motion after a job change and it was completed in court without opposition. After being laid off, I filed another motion to reduce child support, but the plaintiff filed a counter motion accusing me of intentionally being underemployed and is now calling into question the circumstances... View More

Philip Spradling
Philip Spradling
answered on Jan 20, 2025

If there was an express finding of a certain fact, then that cannot usually reversed absent a showing of fraud, etc. But usually a child support order just reduces the child support to a certain amount, without any express findings of fact regarding the circumstances behind it.

That does...
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2 Answers | Asked in Divorce and Family Law for Nevada on
Q: Am I entitled to half a house my wife bought while married even though I signed a notarized form giving up liability?

Her dad used her name to buy it, but he used his money to pay it off. Her married name is still on the assessor's information.

Philip Spradling
Philip Spradling
answered on Dec 26, 2024

Maybe. In general, quitclaiming or deeding a property does eliminate your interest in the property. But sometimes there are ways to get some or all of it back. The answer depends on the laws of your state and the specific circumstances.

In Nevada, it is usually possible to re-acquire a...
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3 Answers | Asked in Family Law and Tax Law for Nevada on
Q: Can it be ordered that only the biological parents of a child can claim them for taxes?

Example: no grandparents, aunts, uncles, or significant others

Philip Spradling
Philip Spradling
answered on Dec 25, 2024

You mean by a state court judge? Not really.

The IRS has its own rules regarding who can claim children for various exemptions and tax benefits. For the dependent deduction, it is generally the person the child lived with more than half the year, but there are other requirements. See,...
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1 Answer | Asked in Family Law, Child Custody, Civil Litigation and Libel & Slander for Nevada on
Q: Can a minor's guardian keep the parents from visiting, or even getting info from nurses, while the child is in the PICU?

The parents were awarded visitation during the guardianship hearing. The guardians were told they can't ignore phone calls.

Parents were not informed their child was in Intensive Care, only discovered this information via accidental phone call from the hospital's cafeteria,... View More

Jennifer Setters
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answered on Jan 7, 2025

1. Guardianship Rights and Responsibilities:

Guardians typically have the legal right to make decisions about the child's medical care and access to information while the child is under their guardianship.

However, if the court has awarded visitation or communication rights to...
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2 Answers | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Nevada on
Q: What can the defendant do in this instance, if she feels her rights were violated in due process of 4th and 14th amend.?

Mother that had a CPS closed case in the past. Giving birth One month early before her baby's due date so so naturally she was tested and both her and baby came up negative baby had to stand in Nick unit for feet problems. CPS NEA worker came to assess if there was any immediate or imminent... View More

Jennifer Setters
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answered on Jan 7, 2025

1. Due Process Concerns:

4th Amendment: The removal of a child without clear evidence of imminent danger may constitute an unreasonable seizure. If CPS lacked just cause or failed to provide evidence to support their actions, the removal could be challenged.

14th Amendment: Parental...
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1 Answer | Asked in Child Custody, Child Support, Family Law and Criminal Law for Nevada on
Q: Lawfully and Legally ok to give the Judge a plea the defendant neither verbally or physically agreed too.

I, took it upon myself to take legal information, and concerns they had about their case possibly having constitutional violations concerns. That the defendants lawyer never answered about, and went from a being forced to take the DAs plea deal as long as the defendant pleas guilty to the... View More

Jennifer Setters
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answered on Jan 7, 2025

1. Forced Plea Without Consent

A plea must be:

Voluntary: The defendant must enter the plea without coercion or undue pressure.

Knowing and Intelligent: The defendant must fully understand the consequences of the plea, including waiving constitutional rights (e.g., the right...
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1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Child Custody for Nevada on
Q: Has my constitutional rights and 4th and 14th amendment been violated? Can I get this dismissed/closed?

In my current and open Family CPS Case, after my son was born and we both tested negative for any influence of drugs in our system, due to the fact he was born 1month early. Social Service became involved and so did something called Nea or Neo from CPS DFS. The hospital said he was showing signs of... View More

James L. Arrasmith
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answered on Dec 21, 2024

I'm sorry you're going through this difficult situation. Your constitutional rights under the 4th and 14th Amendments protect you from unreasonable searches and ensure due process. If you believe these rights have been violated, it's important to document all interactions with CPS... View More

1 Answer | Asked in Contracts, Family Law, Arbitration / Mediation Law and Child Custody for Nevada on
Q: Can the plaintiff ask for their case to be cleared or thrown out due to many inefficiencies and errors in Affidavit?

Meaning since the initial preliminary hearing petitions, depositions, and legally submitted documents that the court clerk allowed. Had the plaintiffs name incorrectly spelled for more then for almost 2 years. Also, the children in question that were twins, there birthdays were constantly... View More

Philip Spradling
Philip Spradling
answered on Dec 19, 2024

In theory, yes, you can file a motion to dismiss, perhaps for failure to state a claim or lack of jurisdiction over the parties due to errors in their names. You could also try a motion for summary judgment, showing that the pleadings are factually wrong.

But faced with the sort of...
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1 Answer | Asked in Divorce and Family Law for Nevada on
Q: I married my husband in two states NV and NY,a month apart. Do I need to divorce in both states or just one of the two
Philip Spradling
Philip Spradling
answered on Dec 12, 2024

A marriage in one state is given 'full faith and credit' in all other states. The same goes for divorces: a divorce in one state is recognized in all other states.

You need to get divorced in the state in which either you or your husband currently resides: this may be neither...
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