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Nevada Family Law Questions & Answers
1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Nevada on
Q: Can an unborn child be the sole inheritance of a residential home ?

And if the child is not born, can there be a provision for the property to go to the state ? Bypassing the Child's parents.

Anthony M. Avery
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answered on Jun 21, 2024

A very good attorney could draft such a future interest deed (contingent remainder; subject to an executory interest; etc.) which would not violate the Rule Against Perpetuities. Very few attorneys can draft an enforceable deed such as that, and no title companies. You will need to hire a NV... View More

1 Answer | Asked in Child Custody, Child Support, Civil Rights, Identity Theft and Family Law for Nevada on
Q: Tengo un problema de una demanda de divorcio no estava presente lo firmaron segun que fui yo pues aparte hay adulterio
James L. Arrasmith
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answered on Mar 25, 2024

If someone else signed a divorce petition in your name, this is a serious matter that needs immediate attention. You should gather any evidence that proves you were not present or did not consent to the signing. This could include travel records, receipts, or witness statements.

Next,...
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1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Nevada on
Q: My attorney wont provide me with proof that he emailed the other attorney requesting a continuance like he said he did.

I was the victim of a violent crime that almost took my life resulting in very sever injuries, surgery, an extended hospital stay & months of rehab. I also had to move to another county during the investigation for my safety. I was unable to submit a reply or exhibits to a motion to change... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

In Nevada, If the attorney no longer represents you and your bill is paid, you can request your entire file.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If the other parent misses visits to build back a bond do I still have to send my daughter for summer??

My daughter is 6 her father hasn't seen her in a yr and half. The judge just told him on feb 27th that he needs to come out to las vegas to build back a bond before summer. He isn't coming out here so I don't feel comfortable sending my daughter for half of summer to spend it with... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Mar 12, 2024

Although I understand your concerns, it is important to follow the Court Order as it pertains to the visitations. If he is in violation of the Court Order and not attempting to build the parent/child bond by coming out to Vegas, then it would be up to you to file a motion with the court advising... View More

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?

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You need to reside in your current state for a total of 6 months prior to the court there having jurisdiction for your child. You need to be in your county for a minimum of 90 days. SInce you are not married to the Father, in the absence of any other order, it is likely you are the sole custodian... View More

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2 Answers | Asked in Family Law, Child Custody and Tax Law for Nevada on
Q: Who gets to claim the child on their taxes? We were never married and the child primary lives with me.

My daughter primary lives with me and spends the night at her dads house once or twice a week if he is in town( He's a Flight attendant).

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answered on Jan 24, 2024

In Nevada, the determination of who gets to claim a child on taxes can be influenced by legal agreements, court orders, and IRS rules. If there is a court order or legal agreement specifying the terms for claiming the child as a dependent, those terms should be followed. According to IRS rules, the... View More

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1 Answer | Asked in Divorce and Family Law for Nevada on
Q: Which forms would you use to file for divorce if both parents have had their parental rights terminated?

There are with children forms and without children forms.

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answered on Jan 24, 2024

In Nevada, if both parents have had their parental rights terminated and there are no children involved in the divorce, the appropriate forms to use would be those designed for a divorce without children. These typically include a Complaint for Divorce (without Children), Summons, and Decree of... 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
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, Child Support, Civil Rights, Juvenile Law and Family Law for Nevada on
Q: I am 17 years old, and wondering if I can move in with my adult sibling? w/o parents consent IN LAS VEGAS NEVADA

I moved a year ago to live with my nana and ran away from my dad but now I see where he was abusive from and now I want to get away from my grandmother and move in with a family member (my sibling) who is 22. I can show I am responsible, I have a job and can pay rent and I have been for a year now.... View More

James L. Arrasmith
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answered on Jan 16, 2024

Based on Nevada law, a 17-year-old minor likely requires parental consent to move out and live with an adult sibling. Some key details:

• In Nevada, the age of majority is 18 years old. So right now at 17, you would still be considered a minor.

• Minors generally need consent of...
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1 Answer | Asked in Child Support, Divorce and Family Law for Nevada on
Q: I am a father of two children under 18 in Nevada (washoe county) and I have a question regarding divorce w/children

My wife and I have been separated for 7 years during that time we have been able to get along and co-parent and have shared 50/50 custody. Without the courts being involved or mediation. We both claim one child on our income taxes we both buy them their necessities we both transport them back and... View More

Rock  Rocheleau
Rock Rocheleau
answered on Jan 8, 2024

Sort of true and sort of not true. In a the divorce documents (called a Joint Petition of Divorce because you agree) you would state what the amount of child support would be. But you can then state you both agree to waive or change this amount.

1 Answer | Asked in Estate Planning and Family Law for Nevada on
Q: Can legally get my inheritance out of a trust if I was named on the bank account

Does it oversee the will and the trust. My brother put my half into a snt during my grieving. And provisions in the will with so many restrictions that I can never touch a penny. And I was named on the account so was the money supposed to go to me or the trust

Anthony M. Avery
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answered on Jan 3, 2024

You will need a NV attorney to contest the execution of the SNT, and have the money converted sent back to you. It will be difficult to set aside the transfer.

1 Answer | Asked in Family Law for Nevada on
Q: I'm turning 18 next month, and am a senior in high school with an IEP, Is it possible for me to move out?

Can I move out at 18 still attending school with an IEP? Basically I will be living with my friend if so.

T. Augustus Claus
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answered on Dec 14, 2023

Yes, in Nevada, you have the legal right to move out at 18, regardless of your IEP status. However, certain considerations come into play, especially regarding your Individualized Education Program (IEP). While being 18 grants you adult status, if your IEP necessitates support you can't... View More

1 Answer | Asked in Family Law for Nevada on
Q: Under NRS 17.130. Can I get interest on funds that were unlawfully seized and just ordered returned

If so, how should I go about that? Should I ask the same judge that ordered the return of funds. Also, can I request fees and costs in this motion as well?

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answered on Nov 14, 2023

Generally, interest is awarded to compensate the victim of an unlawful seizure for the loss of use of their funds. The amount of interest that is awarded is typically calculated based on the prevailing interest rate during the time that the funds were withheld.

our motion should specify the...
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1 Answer | Asked in Divorce and Family Law for Nevada on
Q: How to know if my husband has filed for a divorce

He not receiving mail at our newly purchased home and all he says is I’m crazy

T. Augustus Claus
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answered on Nov 14, 2023

One way is to contact the clerk of court in the county where you live and ask for a copy of your divorce file. The clerk of court will be able to tell you if your husband has filed for divorce and, if so, when he filed.

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Nevada on
Q: can my parents kick me out during Covid and keep my son?

When I divorced my husband my parents made me and my son move to Las Vegas. They said we could live with them rent free until he turned 18. The judge ordered my husband to give back my car but my mother said I could have hers because she didn’t want to take me to pick up mine. The night before... View More

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answered on Oct 5, 2023

In Nevada, as in many states, parents cannot forcibly evict an adult child without proper notice. This is typically seen as a landlord-tenant relationship, even if no rent is paid. In relation to your son, if you have full sole custody, your parents generally don't have the right to withhold... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: What can I do about court documents on my case that don’t belong to me.
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answered on Oct 4, 2023

In Nevada, if you discover court documents in your case file that don't pertain to you, you should take immediate action. First, ensure you've accurately identified the documents and their irrelevance. Next, contact the court clerk's office to bring the error to their attention. If... View More

1 Answer | Asked in Family Law for Nevada on
Q: I have sole legal and physical custody - do I need consent to travel internationally from family court?

I have sole legal and physical custody of my son. My ex husband didn’t show up to court even though he was served. Since then I’ve been letting him see our child. I want to travel abroad with my son and wanted to know if there’s any kind of legal documentation I can present in addition to my... View More

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answered on Oct 4, 2023

If you have been granted sole legal and physical custody, typically this grants you the right to make major decisions regarding your child without the other parent's consent, which can include traveling abroad. However, when traveling internationally, many countries and airlines require... View More

1 Answer | Asked in Child Support, Child Custody and Family Law for Nevada on
Q: Is it possible to argue you do not owe child support arrears?

My ex and I divorced in Nevada, there was an option to not have income withholding which we elected. He's now claiming I owe 4 years of child support becuase I asked for a modification of custody as a way to finically penalized me. I have no real proof I paid it. I receive large cash tips in... View More

John Michael Frick
John Michael Frick
answered on Sep 15, 2023

Child support in Nevada is collected and disbursed through the Child Support Enforcement Office that keeps records of all amounts received from the Payor or the Payor's employer(s) and disbursed as child support. Any direct payments from the Payor to the recipient are memorialized by an... View More

1 Answer | Asked in Land Use & Zoning, Native American Law and Family Law for Nevada on
Q: I own a house with my ex we got a title with both our names, however its on tribal land (not mine) can I get half worth?

I have the title with both our names on it and was wondering if I can get half the worth he kicked us out and wouldn't let us stay made it very toxic so we left. I have been staying in an apartment which becomes expensive when you got everything taken from you. I wanted to go to small claims... View More

James L. Arrasmith
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answered on Sep 21, 2023

Property disputes on tribal land can be complex, and it's crucial to consult with an attorney familiar with tribal law and land rights in your specific jurisdiction. They can provide guidance on your options for seeking a fair division of the property's worth and advise you on the best... View More

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
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

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