Get free answers to your Family Law legal questions from lawyers in your area.
He owes $25K in arrears and was being garnished but now has his commission checks cut in his RE partners name to avoid further garnishments
answered on May 2, 2022
I am assuming that you have an order from either the family court or DA's office as the father has been garnished. You can either contact the DA's office and request they investigate further into his income or file a motion with the family court.
Because the arrears are over... View More
Back to California with my grandmother . I want bring my son with me back to California without getting in trouble or charge with kippnapping.
answered on Apr 28, 2022
At the very least you want to get his agreement in writing. The safest best would be to open a court case and file the agreement in that case.
he took me too court for contempt he was granted 5 days of Xtra parenting time.can he add that to his already long 16 day time-frames in summer or do I have a right to say no.
answered on Apr 26, 2022
Normally with proper notice he can add the awarded 5 days to any time period he wants with limited exceptions. For the most part, holiday's and the other parents vacations or special days are off limits. Review the Order which gave him the additional time for specific's. You may also... View More
That are approved for by his insurance. My son has been sick throughout the year school year I picked out two doctors made appointments because he hadn't give me his doctors that he suggested. Then he decides to go and find a doctor and take him to the doctor. I still want them to go to a... View More
answered on Apr 19, 2022
If the custody order awards you both joint legal custody, then you both have the right to take the child to doctors if needed. it is important that you both discuss the choice of doctors as the court is expecting you both to co-parent. Please know that with joint legal custody, one parent cannot... View More
answered on Apr 26, 2022
We have several options for locating law and forms. Below are a few.
The Librarians at our Law Libraries are extremely helpful. They can help with forms and law.
https://www.clarkcountynv.gov/government/departments/law_library/index.php
The UNLV Law Library... View More
My significant other and I have been together since sept 2013. Child was born Jan 2012. Biological father has never put forth any effort to support (financially or emotionally) the child and has been in and out of jail and prison the child’s entire life. I’ve been acting in place as his father... View More
answered on Apr 26, 2022
The child's mother can file with the Court requesting to obtain a passport for the child. When granted, the Court will order that the passport can be obtained without the Biological father's signature.
The child's mother can also file for sole or primary custody and child... View More
It will not affect the other party's parenting time within any fashion. I don't see anything within the MSA that says that I can't move within the city. Do I need to do anything as far as what the law says?
answered on Apr 15, 2022
As long as you are not infringing on the other parent's custody/visitation times, you are not prohibited from moving to a new residence. Be sure to inform the other parent of your new residence.
I filed a motion for relocation with child that I now want to "cancel" because I cannot afford to move with her and was only moving with the promise of help from her father which he has now revoked.
answered on Apr 26, 2022
If the other parent has not responded to your motion you can simply file a Notice to Vacate the Hearing.
If the other parent has responded. You will need an agreement from the other parent to Vacate the Hearing. This would be call a Stipulation and Order to Vacate The Hearing.
If... View More
answered on May 9, 2022
A Nevada attorney could advise best, but your question remains open for a month. The issues of the question are not fully clear. There's no guarantee every question here is picked up, but you could add a few categories and repost. That might improve your chances of an attorney in the relevant... View More
His insurance didn't work so I got Medicaid. In the past before the MSA was put in place he would refuse me taking the children to the doctor. We also have our family wizard account and now he's asking if I have Medicaid. He has a lawyer. Should I have gotten Medicaid without his... View More
answered on Apr 8, 2022
The law requires that the children be insured. If the agreement was for Dad to cover the child under his insurance and he is no longer able to do that, getting Medicaid should not present a problem as you are being responsible by having the children insured.
You should both be sharing... View More
Does she have the right to come from az to nv to take him from us when She's had zero contact with him
answered on Apr 4, 2022
As the biological mother she will have rights. the extent of those rights will depend on the facts of the case.
If it is child abandonment, would the mother still have to petition through the courts for him to sign over his parental rights?
answered on Apr 4, 2022
In Nevada, abandonment occurs after a 6 month absence from the child. However, the absence doesn't automatically amount to giving up the parental rights to the child. The mother would have to file with the court to have the rights terminated.
answered on Mar 22, 2022
Nevada does not require children to support and reside with their disabled parents. If you have guardianship of your parents you may have additional responsibilities.
Hope this helps.
Janice Jacovino, Esq.
She was arrested for assault on her court ordered week for premeditated assault. She brought the kids to my house pretending she had to work, told the person she was going to assault she would be back to “smash her face in” went back and assaulted her. She was arrested and had an outstanding... View More
answered on Mar 11, 2022
A TPO is filed if their fear of threat of domestic violence, harassment or stalking, workplace harassment, sexual assault or child abuse.
If you are in this situation, then you should consider filing a TPO.
We agreed on the hyphenated last name so the mother was happy, but overall we wanted him to have his dads last name(O’Neill). Was it wrong how we hyphenated it. Is the first last name what places,business, etc go by? Thank you.
answered on Feb 28, 2022
if the legal name is hyphenated, the entire hyphenated name should be used as his last name.
My ex husband and I share 50/50 custody of our sons. We agreed to pull our 5 year old out of kindergarten due to us believing he is not ready for school yet. We had agreed not to force him to go to dads when he is refusing to go and now he is also forcing him to go after telling him he wouldn’t.... View More
answered on Jan 25, 2022
this answer depends on your decree. if you both share joint legal custody, it is customary for both parents to be involved in this type of school decision - unless your decree states differently. Further, giving a five year old the right to decide on custody/timeshare is not something a judge... View More
I had a hearing scheduled for my case get postponed until another hearing scheduled for 21 days later occurred. However, the judge and opposing party both were in court on the date for MY case but were discussing the other case. I almost didn't show up, even called the clerk of the court to... View More
answered on Jan 25, 2022
Hearing dates are fluid and are constantly subject to being changed for many different reasons some of which can be due to the court's calendar or counsel's conflict. If a court hearing is changed, you should have received a notice giving you the new hearing date. Although I understand... View More
We live in her home which is in the trust. When she passes can I take over payments and keep the home? She owes 350k but house is worth 700k. We are in NV
answered on Dec 13, 2021
You would be considered a "successor in interest" and, yes, you can just keep making the payments. When the trust administration is complete and the home is in your name, provide a copy of the deed to the mortgage lender and let them know that they should start sending statements to you.
My kids father no longer has legal or physical custody. He has chosen to not sew or talk to them in a year. But now he's starting to text me in the middle of the night drunk or on drugs or both. How do I get him to stop. Also says hes working but I have not been able to get the DA office to... View More
answered on Dec 6, 2021
your message does to specify whether the custody arrangement is a court order or based on the fact that Dad has chosen not to speak to the child for a year. If there is no legal custody order in place, I suggest you file a Complaint with the court and address the child support in the same matter.... View More
He waited 9 years to establish paternity test. He is lying about being in the child’s life. He only sees her whenever he wants to. Can he still get joint custody.
answered on Dec 2, 2021
Although it may seem unfair, if he can prove paternity and wishes to be in the child's life, even after 9 years of no relationship with the child, it is likely that the judge may give him some type of custody/visitation rights.
It all depends on the particular situation and thus you... 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.