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Nevada Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Can my ex put our son in a school without my permission?

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.... Read more »

Bonnie M Lonardo
Bonnie M Lonardo 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... Read more »

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Do I have a legal right to know who is around my child when with the other parent if I have primary custody?

I have primary but share legal. Other parent refuses to let me know who's around our child when in her custody.

Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 29, 2021

Normally speaking, a parent in a custody/divorce case with children does have the right to know where and with whom their children are spending time with. I say normally, because at times this gets a bit tricky with the parents becoming unreasonable in this request. Parents, during their assigned... Read more »

1 Answer | Asked in Child Custody for Nevada on
Q: What can i do if a judge is being bias in my custody case

A ruling was made and i filed an appeal does the same judge have say so over my appeal

Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 15, 2021

Normally when a case in family law is appealed, it goes to the Court of Appeals and has a new judge assigned. It is important to know that appeals are very lengthy, costly and complicated and not every case can be appealed.

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Trying to move out of Nevada with minor son, no custody order. What do I need to do in order to move legally?

I am the primary custodial parent, child lives with me full time.

Bonnie M Lonardo
Bonnie M Lonardo answered on Nov 7, 2021

As long as there is no court involvement, you are legally free to move with your child out of state. Both parents have the same rights to their children absent any court orders and thus the other parent may oppose this move and may file a motion with the court that may prevent your move.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Judge gave custody of children to ex-husband. They do not want to live with father. Judge won't ask children. What to do

I've been in custody fight for 2 years. Court recently awarded father custody. My children don't want to live with their father, but judge won't speak with them (Girls- Ages 10, 12, 13) When I took them to meeting place, they would not go with thier father and police came. Police did... Read more »

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

Although I understand and sympathize with your situation, generally speaking children younger than 15 or 16 years of age do not usually get to make decision as to custody preference. However, you might be able to have the children interviewed to see if the children's hesitation to go with the... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If I go to police station saying I’m concerned of my nephews well being? Haven’t spoke to him for 7 month

I raised my nephew 2-6 yrs old hrs 8 now his dad never was around my sister really dnt care about his future she doesn’t even let him comb his hair with gel she moved to Vegas in March I haven’t spoke to him my sister doesn’t let him contact me out of spite n jealousy well I heard she was... Read more »

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

it is a very commendable thing you have done in caring for your nephew. unfortunately if there is no court order giving you rights to custody or guardianship of your nephew, you don't really have legal rights.

if you are concerned about the safety of your nephew, you can always ask...
Read more »

1 Answer | Asked in Child Custody for Nevada on
Q: Defendant, the mother filed an answer and counterclaim to my custody complaint but did not serve me.

I filed a custody complaint and served the mother within the required time, then she filed an answer and counterclaim but DID NOT serve me those documents. It’s been well over 45 days and we have upcoming court date next week. Since she failed to serve me, can I request default judgement in my... Read more »

Janice Jacovino
Janice Jacovino answered on Apr 5, 2021

Good Morning,

The Court will not grant you a default as she has filed an Answer and Counterclaim.

You should attempt to obtain the documents and file your Answer to her Counterclaim. In your Answer add in a line that states you were not served but were made away that the Answer and...
Read more »

1 Answer | Asked in Child Custody for Nevada on
Q: If I filed a custody complaint against the mother of my child and served her and she filed a counterclaim and failed

failed to serve me the plaintiff. do I now have justification in court to file for a default judgement for myself the plaintiff?

Bonnie M Lonardo
Bonnie M Lonardo answered on Apr 4, 2021

Technically she should have filed an Answer and Counterclaim to your Complaint. If, as you state, she only filed a Counterclaim without an Answer, she must still file the Answer but I do not believe the judge will allow for a default as she has already replied in some way to the Complaint.

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Can Child Support be modified?

In May my ex moved out of town and gave me primary physical custody. I filed the stipulation and order with the judge so that everything was on the record. The stipulation and order clearly states in the first line that this is a temporary agreement until she moves back to town or if she moves out... Read more »

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

If an existing child support order is in place, a modification is only warranted in the case of a 20% change in income. If not, any parent is entitled to motion for child support, however the amount is based on the custody arrangement in place. I would suggest you enlist the help of an experienced... Read more »

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... Read 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... Read 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... Read 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... Read more »

1 Answer | Asked in Child Custody for Nevada on
Q: Question about a request to relocate for a father with primary custody.

I have a question about gaining permission to relocate. I’m a single father with primary custody, married almost 10 years, divorced in June 2019, Divorced with 50/50 physical and legal custody of D7 and S10, July 2019 had to file an emergency motion to take primary custody of the children... Read more »

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

Moving out of state without the other parent’s permission can be difficult, but it is not impossible. You will need to petition the court to have the judge decide whether moving the children away from their mother to be closer to your family is in the children’s best interest. You will need to... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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...
Read more »

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2 Answers | Asked in Child Custody for Nevada on
Q: What form i need to fill out the get custody of my daughter? She is 16 years old.

I move to Vegas 7 months ago, she move with me 3 months ago, my case in San Diego. Can I fill out the paperwork from where i live?

Janice Jacovino
Janice Jacovino answered on Oct 28, 2020

You can file in California to modify the current custody order.

Once your daughter has been in Nevada for 6 months. You can file a Petition for Registration of an Out of State Custody Order in Nevada. Once the Petition has been approved/ordered by the court, then you can file to modify the...
Read more »

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1 Answer | Asked in Child Custody for Nevada on
Q: I’m a single mom, never been married, would like to file for full custody of my children. What are my options?

I tried to file my the court packet myself, but it was rejected because I filled it out wrong. I then went to mediation with my children’s father to figure out custody agreements but then he didn’t follow through with mediation. He’s unhealthy and unstable and addict. How can I do this... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Sep 28, 2020

The most economical legal aid option would be to seek guidance from your local Family Law help center. However, having much experience in Family Law and Child Custody cases, I strongly recommend that any case involving children be represented by an experienced Family Law attorney. Child Custody and... Read more »

1 Answer | Asked in Child Custody for Nevada on
Q: If a non-custodial dad is asking for the SSN of his children, is the custodial mom obligated to give it?

Shouldn't a father already have that information? Why should the mother give it to him, especially if the two have ongoing legal issues, and the mother doesn't know why he needs it? Is the mother legally obligated to give it to him without a court order? It's just more work for her.

Bonnie M Lonardo
Bonnie M Lonardo answered on Sep 14, 2020

The child’s social security number and use of it is most often a matter of legal custody. If the parents share legal custody, then both parents would need to be involved and provide their approval for any important matters in which a social security number would be necessary (i.e. decisions... Read more »

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: I have 50/50 parental custody with my ex spouse she wants my son to go back to day care Monday I dont think thats a good
Bonnie M Lonardo
Bonnie M Lonardo answered on Aug 25, 2020

This situation is a matter of legal custody. While the parents may have 50/50 physical custody and spend equal physical time with the child, when it comes to this type of decision making for the child, these are aspects of legal custody. If the parents have 50/50 legal custody, then any decision... Read more »

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