Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Nevada Family Law Questions & Answers
1 Answer | Asked in Family Law and Child Support for Nevada on
Q: What qualifies as a conflict of interest for a judge?

My child support modification was recently transferred to a new judge. I have represented myself up until this point but the judge just ruled against child support. Before this judge took over the previous judge had already said child support would be modified and I proved a change of... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Mar 3, 2021

If the judge is not involved in the daily case activities of the former firm, then this would likely not be a conflict of interest situation. The judge has a duty to be impartial and their former employment should not play a part in their ruling. However, if you feel uncomfortable, you may exercise... View More

1 Answer | Asked in Child Support and Family Law for Nevada on
Q: Am I allowed to modify child support with my current situation?

1 year ago my ex moved out of town and gave me full custody of our son. She quit her job and refuses to look for workAt the time we agreed that nobody would pay child support but she would be responsible for 50% of clothes and school supplies. She has not followed that part of the Stipulation and... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Mar 12, 2021

I suggest you seek guidance from an experienced Family Law attorney that can help to review your case and the judge's ruling to best determine your available options.

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: Can I file a motion to compel discovery in a child support case if I can prove the other person's FDF if wrong

My ex moved out of town 1 year ago and gave me full custody of our son. We agreed that there would be no child support at the time. I was laid off from my job in September so I filed a Motion to modify child support. The Judge said that it would be modified but we needed a parenting agreement... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Mar 12, 2021

I suggest you seek guidance from an experienced Family Law attorney that can help to review your case and the judges ruling to best determine your available options.

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: My ex just got an ex party order granted to extend the time to file her reply and counter motion. Can I appeal this?

On January 16 I brought to her attention that she was breaking the Stipulation and Order filed with the court. At this time she directed me to only contact her attorney which I did. I filed the motion to reconsider and a motion to show cause of contempt of court for many reasons. These documents... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Feb 22, 2021

In my experience, this extension is very commonly offered as a courtesy by either opposing attorneys or by the court. You do have the option to object, however, in my opinion it may not serve you well in the long run if you do return to court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: I am trying to find out if I am entitled to modify child support in my current situation

I have full custody of my son. My ex quit her job, moved out of town and refuses to look for work. I lost my job in September and filed a motion to modify. The judge said that she would have to pay child support but continued the hearing until a parenting agreement was done. My case was then... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Feb 22, 2021

I would suggest you enlist the assistance of an experienced Family Law attorney to review the judge’s ruling as to why Child Support was denied. Generally speaking, being unemployed does not disqualify a non-custodial parent from their child support obligations, but there may have been other... View More

1 Answer | Asked in Family Law for Nevada on
Q: I have Covid court Oder say I have to send kids back to other parent will I get in trouble if I don’t ?
Bonnie M Lonardo
Bonnie M Lonardo
answered on Feb 15, 2021

I always advise my clients to adhere to the court order as closely as possible to avoid punishment due to court order violations. Additionally, I always encourage my clients to communicate openly with the other party and to discuss matters such as these amicably, before resorting to court... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: mother died am I guardian?

The child is 7 years old. I am listed as the father on the birth certificate. We are divorced. During the divorce she was given full custody as the dna test came back, I was not the paternal father. She died out of the country and I am trying to get the child back to the U.S. The actual paternal... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Jan 25, 2021

If the mother had full custody of the child prior to her death, the child will likely be taken into state custody until arrangements have been made for a family member or guardian to care for the child. If not predetermined by the mother’s will, that process may include a hearing to determine... View More

1 Answer | Asked in Family Law for Nevada on
Q: If I have my deceased sisters kids, because the father left them, how can I file he abandoned them?

He has been gone for 7 months without contact or providing support. I have them, want to keep them. But what route do I go in order to do so? Can I file for guardianship while they're in my home? Or do I need to call cps and have them go into the system first in order for it to be on Record... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Jan 25, 2021

You may petition the court for guardianship, however you will have the burden of proving that being the guardian for the children, over their biological father, is in the children’s best interest. In doing so, it would serve your case to include evidence of his abandonment.

1 Answer | Asked in Family Law for Nevada on
Q: Are parents allowed to do this?

Hello, my dad has withheld all food other than peanut butter and oatmeal for over 2 weeks now. He also previously took off the shower knobs and turned off the water. Today he came into my room while I was at work and took over $3,000 worth of my belongings. Is he allowed to do all of these things... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Jan 25, 2021

It would depend if the child is a minor, or if they are of legal age and therefore no longer the father’s responsibility, legally speaking. If the child is a minor, then the father is legally responsible for creating a safe environment for his children, this includes providing basic essentials... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Long story short,4 yrs ago, my ex-husband adopted our 2 youngest grandsons, our daughter is mentally unstable. I have

The boys, with few exceptions, every weekend, holiday's and vacations. My question is what needs to be done so I can get custody of them should or when my ex can't? Do I have grandparent rights ?

Bonnie M Lonardo
Bonnie M Lonardo
answered on Jan 18, 2021

If you have had a long standing visitation arrangement as well as a positive relationship with your grandchildren, and have evidence that it is in the child’s best interest that they remain in your care, then you may have a case to motion for joint custody. The right to child custody is only... View More

1 Answer | Asked in Family Law for Nevada on
Q: Presenting your accomplishments is it better to State the struggle or just show the accomplishment

my mother in a temporary custody battle made it very hard for me and my girlfriend to cooperate together and see our daughter together she complicated it should we present that in court when we're just trying to get our custody as good parents or would that make it more of a damage battle... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Jan 8, 2021

Unfortunately without all the information and further details regarding this case, I cannot provide strategic legal advice. This question is best addressed to the attorney representing your case.

1 Answer | Asked in Family Law for Nevada on
Q: If one parent gets arrested for something, will they take your kids if the other parent had no involvement?

If my kid's father, myself and my two kids are staying in a hotel at a casino. If I went down to the casino and got arrested for drugs. Would they go up to our room and take our kids if the other parent had no involvement or knowledge that the other one was even using drugs?

Bonnie M Lonardo
Bonnie M Lonardo
answered on Jan 8, 2021

Generally speaking, if one parent is arrested, then the other parent would generally take on temporary primary or sole custody until the other parent is released or a custody modification is issued. If both parents are arrested, the children will be taken into state custody until released to a... View More

1 Answer | Asked in Family Law for Nevada on
Q: Is the father of my child allowed to let his parents take my daughter out of state even without my permission?

We have split weeks in which my daughter is with me and when she is with him but I do not approve Of her leaving the state without either one of us with her. Is there anything I can do to refrain her from going?

Bonnie M Lonardo
Bonnie M Lonardo
answered on Jan 8, 2021

Unless this matter is specifically mentioned in your custody agreement, then generally speaking the grandparents do not need additional permissions to take the child out of state. If they are traveling within the father’s designated visitation, then they only need the child’s father’s... View More

1 Answer | Asked in Family Law for Nevada on
Q: My family law court case has been postponed 3 times, each time with a 60 day delay, until the next hearing.

Most recently, the judge granted an ex-parte application , without sending me a copy of the application, and without me being heard. How can I object to these delays of Hearing?

Bonnie M Lonardo
Bonnie M Lonardo
answered on Dec 23, 2020

Unfortunately, due to the COVID-19 pandemic, it’s been fairly common for hearings to be postponed – sometimes even more than once. When a judge rules to postpone a case, it can be due to matters outside the party’s control, as in the case with COVID, or based on the judge’s determination.... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: im looking for an attorney who does CPS cases, either pro bono or fairly cheap i work but i dont make a lot of money,

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

Bonnie M Lonardo
Bonnie M Lonardo
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

1 Answer | Asked in Family Law for Nevada on
Q: IN NEVADA DO I JUST GO TO THE COURTS TO OBTAIN GUARDIANSHIP OF MY GRANDAUGHTER WHEREAS SHE HAS BEEN WITH ME FOR A YEAR

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

Bonnie M Lonardo
Bonnie M Lonardo
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

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Nevada on
Q: Ok kids resident state is nevada Temp custody inndomestic case was filed And no new custody order has been filed sense

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

Bonnie M Lonardo
Bonnie M Lonardo
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

2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Nevada on
Q: I was granted temp custody in a tpo case in california. No other custody order was made and nevada became kids resident

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?

Janice Jacovino
Janice Jacovino
answered on Nov 18, 2020

Where to file depends a few factors.

- If you already have an open case then file where you have the open case.

- If you had a prior case that decided custody then you will either need to file in that state or file to domesticate/register your prior order in the new state. Once...
View More

View More Answers

2 Answers | Asked in Family Law for Nevada on
Q: how can i see my kid if mother is willing but grandparents dont let me near the kid or around the house period??

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

Janice Jacovino
Janice Jacovino
answered on Nov 18, 2020

If you do not already have custody orders then you need to file a custody case and seek custody and/or visitation with your child.

If you already have custody orders then you can file to enforce them. You can also call the police for a civil stand by to help facilitate visitation....
View More

View More Answers

2 Answers | Asked in Divorce and Family Law for Nevada on
Q: Financial abuse

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

Janice Jacovino
Janice Jacovino
answered on Nov 2, 2020

I am sorry for the way you are being treated. Only you can decide if you are ready to file for separation or divorce. You can request support with both a divorce or with a legal separation.

Also, once you file with the court you can also file for a request for Joint Preliminary Injunction....
View More

View More Answers

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.