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Nevada Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: How can I leave Nevada with my son and not have it jeopardize me? My marriage has turned toxic and it’s not safe for me.

I want to leave because I have no family or support here

Janice Jacovino
Janice Jacovino
answered on Sep 12, 2022

To legally leave the state with the child you should file for divorce and include an emergency motion to relocate.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: I’m looking for NRS 159A form to file with the court , to contest termination of guardianship .

What form do I file to contest termination of guardianship ?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Aug 30, 2022

You might try looking at the Family Law Self Help Center website.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Is the judge likely to rule based on the CPS report?

I have an existing child custody agreement but after my sons december visit to his dads he came home and told me he was sexually abused buy his father 4 times. I filed a motion to modify custody and filed a police report. The judge ordered a CPS investigation and has the findings. I was told by CPS... Read more »

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

You can file a Motion to Modify Custody and explain to the court why you kept your son and ask the court to change custody to you as dad is assaulting the child. However, you want to be sure the sexual assault has been substantiated or the court is unlikely to change custody without some other... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Is there something I can do to get primary so the kids can stay together? Or no because daughter was sent here.

I’m primary of son (16)in Nevada ex is primary of daughter(13) in Idaho. Idaho has jurisdiction. Court custody is alternate summers holiday no child support. Split medical cost 2019 court date she didnt get primary of son back no substantial change. She asked if I would take daughter because... Read more »

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

You should consult an Idaho attorney. From a Nevada attorneys' perspective and with the limited information above, you can file in court asking for primary custody if you have had primary custody ( even if it was voluntary given to you) as this can be seen as a substantial change assuming... Read more »

1 Answer | Asked in Divorce and Child Custody for Nevada on
Q: Do I need to be "friends" with my ex-husband/child's father on social media? Could this affect custody terms?

I am in the process of divorce and no custody agreements have been set. I do not want him as a friend to post or comment on my Facebook. But I can still use Messenger to let him video chat our child. Will this risk even joint custody?

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

You can choose who to allow on your social media, but you should be very careful what you post especially during a divorce proceeding.

Nevada prefers joint custody and uses best interest of the child factors when deciding custody. These factors include coparenting, cooperate and fostering...
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1 Answer | Asked in Child Custody for Nevada on
Q: I have a couple questions about family custody

Hello my name is Savannah B.,

My husband has 2 kids by someone else . They were both living in San Diego . She had left to Las Vegas Nevada. So we decided to move to Las Vegas so he can be closer to his kids . Well we never saw them or she didn’t contact us . On his kids were about’s .... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jul 11, 2022

A parent cannot move a child out of the child's resident state without either a Court Order or the other parent's consent.

I am not certain from your question and fact pattern if the parties already had a Custody Order in place before Mom moved away with the children. If there...
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1 Answer | Asked in Child Custody for Nevada on
Q: I filed an ex parte on the other parent for child abuse and neglect on another child. Can I keep child until hearing

Daughters father recently had a warrant for his arrest for child abused and neglect on another child living with him. I filed an ex parte when he was arrested on these charges. Can I keep my daughter until our next hearing?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jul 11, 2022

If you feel that the child is in danger from being with the other parent due to his current arrest for abuse and neglectful then I would suggest filing a motion with the court for temporary orders before keeping the child away from the other parent. It is never a good idea to violate a current... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: Can a judge grant me hardship and be able to move my kids out of state?

For the last 10 years, my family has lived away from our extended family due to work. I have been a stay at home mom for 10 years while my husband has worked and advanced his schooling and graduated from University. I have no more than a HS education and no skills to obtain a job to help support my... Read more »

Janice Jacovino
Janice Jacovino
answered on Jul 5, 2022

Assuming you have or had case with Family Court, you would need to file a Motion for Relocation.

If you do not have a case then you would first need to file for divorce; custody or legal separation depending on your circumstances, then in this case you can file yourMotion for Relocation....
Read more »

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1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: My ex and I divorced in September of last year. He moved 20 hours away. He is moving back. How will this impact custody?

My ex moved to be closer to his mom (she's his source of income). He's currently having mental health issues. He has talked about dating Jesus, seeing and hearing god, shooting demons, my oldest having a demonic name (she goes by a chosen name), and demons "attaching" themselves... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jun 1, 2022

It appears from your message that you have reason for concern regarding his visitations with the kids. I am not certain what type of visitation dad has but you might want to consider filing a motion for modification of custody yourself if you are planning on keeping the kids away from him. This... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: My husband and his ex fling have joint custody through mutual agreement, however the ex and I are the ones who agreed on

this and I have him more than his dad because my husband works out of state. We have been doing this arrangement for a year now, and just today she told me she is keeping their son on Sunday (which is the day we always switch off) because of Mother's Day and she still wants him back the... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on May 10, 2022

Since it appears from your question that there is no legal custody order in place, Mom has the right to keep her son if she chooses without legal repercussions. I suggest that Dad file for custody and get a legally binding order in place for his custody rights and avoid any future issues like... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Hello my ex and I broke up in 2014 I moved to Texas and she stayed in Nevada. Well I’n 2015 she had me served with

Custody order wanting sole custody. Well I wasn’t able to make it to court so judge gave her sole custody and I have no rights or visitation. But in 2016 I moved back to Nevada to be in my daughters life. I’ve been around my daughter for almost 5 and half years. I’ve taken her places bought... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on May 10, 2022

I believe strongly in retaining counsel whenever you have a legal matter regarding custody of children. These cases can get very complicated and you are fighting for the most important and fundamental right as a parent. It should be handled by an experienced attorney to get you the best possible... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: MSA agreement .In the MSA agreement my x was awarded time during fall break in my s school there was no fall break .

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.

Janice Jacovino
Janice Jacovino
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... Read more »

2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: Dr appointment. Me and my ex-husband have a joint custody. I've been asking him for doctors

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... Read more »

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

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2 Answers | Asked in Child Custody and Family Law for Nevada on
Q: I am a renter and I have joint custody I need to move to another apartment within the city within a few miles.

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?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
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.

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2 Answers | Asked in Adoption, Child Custody and Family Law for Nevada on
Q: How do I go about legally adopting my sig others son, so we can get him a passport, as well as have legal rights?

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... Read more »

Janice Jacovino
Janice Jacovino
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...
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2 Answers | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: If a parent has been absent for 6 years and doesn’t pay child support would that be child abandonment?

If it is child abandonment, would the mother still have to petition through the courts for him to sign over his parental rights?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
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.

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2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: My husband and I have had his son for 2 years can the bio mom come take him ?

Does she have the right to come from az to nv to take him from us when She's had zero contact with him

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
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.

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1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Can I file a tpo on a parent that was arrested for assault on her court ordered week and had an outstanding warrant

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... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
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.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Nevada on
Q: Hi,I have a step son and he has 2 last names. Taylor-O’Neill.Which name would be used as his last name, e.g in school?

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.

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Feb 28, 2022

if the legal name is hyphenated, the entire hyphenated name should be used as his last name.

1 Answer | Asked in Child Custody for Nevada on
Q: 50/50 custody. Steps to move out of state with children; if ex husband will not permit it?

Ex husband will nor come to an understanding or arrangement.

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Feb 7, 2022

Unless your Order gave you permission to relocate with the children, it is best not to do so without either the other party's consent or Judge approval as you will likely be Ordered to return the children, may have to pay for the other side's attorney fees and/or may cause the judge to... Read more »

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