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Nevada Family Law Questions & Answers
1 Answer | 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

James L. Arrasmith
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answered on Dec 21, 2024

You have several options to address your concerns about your rights being violated. First, consult with a family law attorney who can help you understand the specifics of your case and guide you through the legal process. They can assist in filing motions to challenge the continued custody of your... View More

0 Answers | 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

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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1 Answer | Asked in Divorce and Family Law for Nevada on
Q: A NV sheriff has divorce papers from NY where my husband lives.What happens if I don't accept them?

I don't want to make this easy for him. What he did to me is beyond belief after 24 years of marriage. I would Iike to know my options .

Philip Spradling
Philip Spradling
answered on Dec 12, 2024

Proper service does not require 'acceptance.' If the papers are handed to you or otherwise placed into your knowing possession, then you have been served. Service can also be made by giving the papers to an adult staying at your home. In Nevada, service can even be made to a guard in a... View More

2 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

How can I challenge the legality of the adoption of my son?

Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?

How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More

Philip Spradling
Philip Spradling
answered on Dec 8, 2024

Before an adoption there is usually a Termination of Parental Rights (TPR) of the existing parent(s). Very likely what you are seeking to do is reverse the TPR order. How you would do this depends on the circumstances. If you were unaware of the hearing and did not attend, or there was a reason... View More

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1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Tax Law for Nevada on
Q: If the power attorney doesn't have your best interest in hand Also just spending the agents money on whatever he wants.

What kind of legal steps can the agent take for abuse , theft imprisonment in the home

Anthony M. Avery
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answered on Nov 30, 2024

The Principal needs to revoke the POA with notice to any banks involved, etc. Sometimes you record the revocation in the county where property lies. Principal should hire an attorney to sue the former attorney-in-fact/agent for breach of fiduciary duties, conversion, etc.

1 Answer | Asked in Child Support and Family Law for Nevada on
Q: I own 7,000 child support and like 17,000alimony they put my name in the denial list to get a passport,

if i pay what i own child support will they remove my name from denial list , or i must pay both alimony and child support,

Jennifer Setters
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answered on Nov 25, 2024

Usually, it is advisable to pay off the child support debt in case your application for a passport is denied due to arrears of child support. This will help to have your name deleted from the list of persons denied a passport. The United States Department of State says those who are in arrears on... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Opposition reasons, and or codes for denial of attorney costs? Las Vegas , NV

Other party has requested attorney fees to be awarded, and we are not even to trial yet. I have offered multiple times to mediate. They want me to pay for both this case and a different case for mother and father. (Mine is 3rd party.) I do not have income, as I have just been released from workers... View More

Jennifer Setters
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answered on Nov 20, 2024

Parties commonly seek attorney fees and costs; this does NOT however guarantee the award. The judges have discretion to award or deny said requests and unless you act in "bad faith," or you earn much more than your spouse, most judges defer the request until trial. At trial, the judge... View More

2 Answers | Asked in Family Law and Tax Law for Nevada on
Q: Can one state take my federal tax return while another state is collecting child support? One child same case
Jennifer Setters
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answered on Nov 25, 2024

Every case is unique; so, it is advisable to seek legal advice to know how child support rules apply to your particular circumstances. Generally speaking, coordination among the several states participating in collecting child support for the same case guarantees proper direction of payments.... View More

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1 Answer | Asked in Family Law, Child Custody and Civil Rights for Nevada on
Q: denied court ordered contact with son Order made in Churchill, child lives with dad in Clark I am in Washoe What to do?

I believe there has been abuse of judicial discretion in Churchill County order awarding father sole custody and moving my son to Las Vegas. time for appeal long gone,I have lost all contact with my son the phone was disconnected and i cannot sign into Our Family Wizard. I now live in Washoe... View More

Jennifer Setters
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answered on Nov 14, 2024

I'm sorry to hear about the challenging situation you’re facing with your son. Given the complexity of custody orders, particularly those involving multiple jurisdictions, it’s crucial to understand the legal remedies that may be available to you and why consulting an attorney is... View More

1 Answer | Asked in Family Law for Nevada on
Q: If a parent leaves a 12 year old child in a home for 4days alone while the parent is out of the state, is that neglect ?
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answered on Nov 14, 2024

Leaving a 12-year-old child alone for four days while the parent is out of state could potentially be considered neglect, depending on the circumstances and the laws in the relevant jurisdiction. Child neglect laws vary by state, but they generally require that children be adequately supervised... View More

2 Answers | Asked in Family Law and Child Support for Nevada on
Q: My husband owes about $4000 in arrears her in NV. His ex wife wants to forgive them. How would he move forward with that

He now has guardianship over his 22 year old disabled daughter. The child support was transferred from Indiana to Nevada.

Philip Spradling
Philip Spradling
answered on Nov 8, 2024

How to forgive child support arrears?

The right way: the parties should enter file a stipulation in whatever court the child support was ordered. In Nevada, the stipulation should state that the obligation has been satisfied, and the means by which it has been satisfied. If the...
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2 Answers | Asked in Family Law for Nevada on
Q: Can a family attorney request pending criminal discovery, to use in a family law trial? Nevada

Father is pending trial, and step mom he seeked visitation with the children. Bio mom’s lawyer is requesting a subpoena for Bio dad’s criminal discovery. Is this allowed, or is this protected information? Step mom cannot see the discovery as she’s a potential witness in the criminal case.

Philip Spradling
Philip Spradling
answered on Nov 8, 2024

Normally yes, a family attorney can requesting pending criminal discovery. Criminal discovery is not protected from discovery in family law cases.

If there is some reason that a party should not receive discovery, then you need to request a protective order. Or, if a subpoena has...
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2 Answers | Asked in Family Law for Nevada on
Q: I pay for the cell phone for my 14 years old twins, can dad take their phones cutting off communication between us?

He is refusing to let them talk to me

Philip Spradling
Philip Spradling
answered on Oct 29, 2024

Cutting off communication is, in general, not a good move for Dad. One of the factors a Court must consider when deciding what is in the best interest of the child is "which parent is more likely to allow the child to have frequent associations and a continuing relationship with the... View More

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2 Answers | Asked in Divorce and Family Law for Nevada on
Q: I am recently divorced. I feel my attorney did a very poor job of representing me in the divorce. can someone help me?
Philip Spradling
Philip Spradling
answered on Oct 21, 2024

Unfortunately, there are rarely any second chances once the divorce has been finalized. Especially if the problem is with your attorney and not the court.

You can file a motion to reconsider, if you believe the court made a mistake. In Clark County, you only have a week to do this. But...
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2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: Is traveling out of state with my child during my custody time is a violation based on the following notice?

Or is it ok to go during my custody time? Other parent refuse to communicate respectfully. We both have joint legal and physical custody. No other items or notes mentioned in the order except the following notice.

“PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION,

CONCEALMENT OR... View More

Philip Spradling
Philip Spradling
answered on Oct 16, 2024

Parents seeking to maintain control over the other parent often proclaim rules like 'no travel outside the state' and try to use this sections to support their claim.

This section does not prohibit you from travelling out of state during your custody time, as long as you do not...
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1 Answer | Asked in Family Law and Criminal Law for Nevada on
Q: I have a restraining order against my ex for online harassment granted by California... I now live in Nevada.

Hello. I have another year left on the restraining order against my ex for online harassment granted by the state of California. In the past year I've moved to Nevada and the online harassment has recently started again. Does my restraining order hold any weight in the state of Nevada? Can I... View More

Jennifer Setters
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answered on Oct 3, 2024

Every case is unique, hence in situations like this—where you have a restraining order granted in California and have subsequently relocated to Nevada—it is advisable to seek advice from an attorney conversant with both Nevada and California law. These are some general rules:

Applying a...
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2 Answers | Asked in Civil Litigation, Estate Planning and Family Law for Nevada on
Q: My father passed a few years ago. My stepmother said I lost my inheritance. I was the sole trustee and beneficiary

I believe it was a revocable trust. Can she remove me after my dad’s death? How do I get a copy without knowing the attorneys they used?

Jennifer Setters
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answered on Oct 3, 2024

Every case is unique, hence in circumstances like these—where your father died away and you are unsure of your position as trustee or beneficiary of a revocable trust—you should be careful to consult with an attorney who specializes in trusts and estates. Here are some broad ideas,... View More

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