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Nevada Child Custody Questions & Answers
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 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
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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

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Defendant to comply with any and all directives from Child Protective Services; No contact with any minors unless approv
Janice Jacovino
Janice Jacovino
answered on Apr 11, 2023

When dealing with protective services is it best to follow their rules.

If you are person who is not allowed contact, you should discuss your case with a lawyer as you may need to file in court to have contact restored and to protect your rights.

Legal Aid of Southern Nevada has...
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1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Nevada on
Q: Why do I have to pay child support if I take care of my children I get them everything they need but I can't see them.

He is abusive and won't let me see my children but I provide everything and he doesn't buy them anything because I have already provided it. So why do I still have to pay child support

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Mar 20, 2023

Parent's have a responsibility to take care of their children's basic needs, such as housing, food, clothing, entertainment, transportation, etc Child support payments are ordered from the court as a way for parent's to meet the child's basic needs. The receiving parent does... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If my children have direct covid exposure and dr advised quarantine am I wrong to keep our kids during dads week of vist

I am mom and kids got covid exposure from step dad. kids are negative covid with heavy symptoms, and taking medicine.

Janice Jacovino
Janice Jacovino
answered on Feb 7, 2023

Your should discuss the information with dad and see if you can reach an agreement and give him the information on the children's health. As long as the travel time or being with dad does not harm the children, Dad can decide if he should to have his visitation time when the children are ill.

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: If I have joint physical and legal custody of my son, do I need written consent to travel with him to another state?

His mother gave me the okay via text message several months ago. As we get closer to the date of travel, she states that she does not want him traveling.

Janice Jacovino
Janice Jacovino
answered on Dec 2, 2022

Review your Decree or an Order from the custody or divorce case to determine the out of state travel requirements. If you do not have an order or decree then assuming the travel was on your time, and you notified the other parent with an itinerary and contact information then you have done what... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: In the state if Nevada can I leave to south Carolina with the father of my child not being on the birth certificate,
Bonnie M Lonardo
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Bonnie M Lonardo
answered on Nov 7, 2022

Moving a child out of state usually requires an agreement from the other parent or a Court Order. The fact that the father is not on the birth certificate, does not preclude the father from disagreeing with the move and filing a motion with the court. It is best to get an agreement or file a... View More

1 Answer | Asked in Child Custody for Nevada on
Q: In a child custody order does removing a child from the state without permission mean move or vacation?

I have sole legal and physical custody of my child. I was reading through my order and came upon the part stating that neither party may remove the child from the state with out permission from the other party. I am understanding this as I may not move out of state without permission. I just wanted... View More

Bonnie M Lonardo
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Bonnie M Lonardo
answered on Nov 7, 2022

Yes, normally this is referring to 'relocating' with the child out of state. In order to relocate or move the child out of state, you will either need the approval from the other parent or a court order.

Taking the child out of the state for vacation, does not normally require...
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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... View 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... View 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... View 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... View 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 .... View 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... View 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... View More

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

Relocating children out of the state is a difficult thing to do without the other parent's consent. You will need to file a motion with the Court stating why it is in the children's best interest to be relocated and moved away from one of their parents.

Although this is...
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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... View 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....
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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... View 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... View 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... View 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... View 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... View More

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... View 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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1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Would a Family Court Judge in NV force a 15yo child to visit other parent if the child refuses?

Joint Custody. 15yo child left other parents house 6 mo ago. Has no desire to return.

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jun 28, 2023

the court may listen to the child's wishes and take into consideration the maturity of the child and the child's best interest in making the decision, but the child does not get to make this decision without the court approval.

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