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Nevada Child Custody Questions & Answers
2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: Is traveling out of state with my child during my custody time is a violation based on the following notice?

Or is it ok to go during my custody time? Other parent refuse to communicate respectfully. We both have joint legal and physical custody. No other items or notes mentioned in the order except the following notice.

“PENALTY FOR VIOLATION OF ORDER: THE ABDUCTION,

CONCEALMENT OR... View More

Philip Spradling
Philip Spradling
answered on Oct 16, 2024

Parents seeking to maintain control over the other parent often proclaim rules like 'no travel outside the state' and try to use this sections to support their claim.

This section does not prohibit you from travelling out of state during your custody time, as long as you do not...
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1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Do I need to hire a lawyer if my Nevada Child Custody orders only say "the children"?

I only recently found that I had issues. I never even noticed that the order didn't list their names until this last year when I needed to renew my children's passports. The order was from 2012 and I had renewed before with no issues using the same Custody Order from the court. I had... View More

Jennifer Setters
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answered on Oct 8, 2024

In your case, since the original custody order from 2012 refers to "the children" without listing their names, and this is causing issues with renewing passports and obtaining a psych evaluation for your daughter, you may need to have the custody order modified to explicitly list the... View More

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Nevada on
Q: Can the father of my children get child custody & support after he was abusive and abandoned all responsibilities/priori

He was breadwinner since I quit working after our daughter was diagnosed with type 1 diabetes I'm her primary care giver the whole time

Jennifer Setters
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answered on Aug 20, 2024

It's important to remember that every case is unique, and the outcome of any custody or support matter depends on various factors specific to your situation. While general principles can guide decisions, the specifics of your case, such as past behavior, the care you provide, and your... View More

1 Answer | Asked in Child Custody, Child Support, Civil Rights, Identity Theft and Family Law for Nevada on
Q: Tengo un problema de una demanda de divorcio no estava presente lo firmaron segun que fui yo pues aparte hay adulterio
James L. Arrasmith
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answered on Mar 25, 2024

If someone else signed a divorce petition in your name, this is a serious matter that needs immediate attention. You should gather any evidence that proves you were not present or did not consent to the signing. This could include travel records, receipts, or witness statements.

Next,...
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1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If the other parent misses visits to build back a bond do I still have to send my daughter for summer??

My daughter is 6 her father hasn't seen her in a yr and half. The judge just told him on feb 27th that he needs to come out to las vegas to build back a bond before summer. He isn't coming out here so I don't feel comfortable sending my daughter for half of summer to spend it with... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Mar 12, 2024

Although I understand your concerns, it is important to follow the Court Order as it pertains to the visitations. If he is in violation of the Court Order and not attempting to build the parent/child bond by coming out to Vegas, then it would be up to you to file a motion with the court advising... View More

2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Nevada on
Q: Living in Georgia prior to 11-1-2023, I moved to Las Vegas with my now 19 month old daughter, my mother and step-father.

Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?

Bonnie M Lonardo
Bonnie M Lonardo
answered on Feb 14, 2024

If Georgia has jurisdiction of the child, and you have a previous custody decree, leaving the state without either the parent's consent or a court order giving you permission to relocate is not a good idea and can possibly have negative repercussion for you . It is best to file a motion with... View More

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2 Answers | Asked in Family Law, Child Custody and Domestic Violence for Nevada on
Q: Living in Georgia prior to 11-1-2023, I moved to Las Vegas with my now 19 month old daughter, my mother and step-father.

Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?

Todd B. Kotler
Todd B. Kotler
answered on Feb 12, 2024

You need to reside in your current state for a total of 6 months prior to the court there having jurisdiction for your child. You need to be in your county for a minimum of 90 days. SInce you are not married to the Father, in the absence of any other order, it is likely you are the sole custodian... View More

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2 Answers | Asked in Family Law, Child Custody and Tax Law for Nevada on
Q: Who gets to claim the child on their taxes? We were never married and the child primary lives with me.

My daughter primary lives with me and spends the night at her dads house once or twice a week if he is in town( He's a Flight attendant).

T. Augustus Claus
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answered on Jan 24, 2024

In Nevada, the determination of who gets to claim a child on taxes can be influenced by legal agreements, court orders, and IRS rules. If there is a court order or legal agreement specifying the terms for claiming the child as a dependent, those terms should be followed. According to IRS rules, the... View More

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2 Answers | Asked in Family Law, Child Custody and Tax Law for Nevada on
Q: Who gets to claim the child on their taxes? We were never married and the child primary lives with me.

My daughter primary lives with me and spends the night at her dads house once or twice a week if he is in town( He's a Flight attendant).

James L. Arrasmith
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answered on Feb 22, 2024

In the United States, the parent who has primary physical custody of the child for the majority of the year typically has the right to claim the child as a dependent for tax purposes. Since your daughter primarily lives with you and spends only one or two nights a week with her father, it's... View More

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1 Answer | Asked in Child Custody, Child Support, Civil Rights, Juvenile Law and Family Law for Nevada on
Q: I am 17 years old, and wondering if I can move in with my adult sibling? w/o parents consent IN LAS VEGAS NEVADA

I moved a year ago to live with my nana and ran away from my dad but now I see where he was abusive from and now I want to get away from my grandmother and move in with a family member (my sibling) who is 22. I can show I am responsible, I have a job and can pay rent and I have been for a year now.... View More

James L. Arrasmith
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answered on Jan 16, 2024

Based on Nevada law, a 17-year-old minor likely requires parental consent to move out and live with an adult sibling. Some key details:

• In Nevada, the age of majority is 18 years old. So right now at 17, you would still be considered a minor.

• Minors generally need consent of...
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1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Opposition reasons, and or codes for denial of attorney costs? Las Vegas , NV

Other party has requested attorney fees to be awarded, and we are not even to trial yet. I have offered multiple times to mediate. They want me to pay for both this case and a different case for mother and father. (Mine is 3rd party.) I do not have income, as I have just been released from workers... View More

Jennifer Setters
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answered on Nov 20, 2024

Parties commonly seek attorney fees and costs; this does NOT however guarantee the award. The judges have discretion to award or deny said requests and unless you act in "bad faith," or you earn much more than your spouse, most judges defer the request until trial. At trial, the judge... View More

1 Answer | Asked in Family Law, Child Custody and Civil Rights for Nevada on
Q: denied court ordered contact with son Order made in Churchill, child lives with dad in Clark I am in Washoe What to do?

I believe there has been abuse of judicial discretion in Churchill County order awarding father sole custody and moving my son to Las Vegas. time for appeal long gone,I have lost all contact with my son the phone was disconnected and i cannot sign into Our Family Wizard. I now live in Washoe... View More

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answered on Nov 14, 2024

I'm sorry to hear about the challenging situation you’re facing with your son. Given the complexity of custody orders, particularly those involving multiple jurisdictions, it’s crucial to understand the legal remedies that may be available to you and why consulting an attorney is... View More

1 Answer | Asked in Child Custody and Immigration Law for Nevada on
Q: Can my friend’s ex husband from Mexico get a visa and take her kids from the us back to Mexico legally?

My friend is a us citizen along with her 2 kids who are also citizens. Her ex husband from Mexico got a visa and is coming next week threatening to take her kids and take them back to Mexico without her consent. Can this be avoided?

James L. Arrasmith
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answered on Aug 26, 2024

If your friend’s ex-husband is threatening to take the kids back to Mexico without her consent, it’s crucial to take immediate action. Since the children are U.S. citizens, she has legal rights and protections under U.S. law. She should contact local authorities or law enforcement to inform... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Are parents being punished for getting their children help for mental health related issues?

By punished I mean having their child placed in foster care? My boss is having me research this topic but I am stumped. She said it has been seen in Ohio and Colorado family law.

Jennifer Setters
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answered on Aug 12, 2024

In Nevada, parents should not be punished for seeking mental health support for their children. In fact, addressing a child's mental health needs is often viewed positively, as it demonstrates a commitment to the child's well-being. However, each case is unique, and how mental health... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Legal Malpractice for Nevada on
Q: My attorney wont provide me with proof that he emailed the other attorney requesting a continuance like he said he did.

I was the victim of a violent crime that almost took my life resulting in very sever injuries, surgery, an extended hospital stay & months of rehab. I also had to move to another county during the investigation for my safety. I was unable to submit a reply or exhibits to a motion to change... View More

Joel Gary Selik
Joel Gary Selik
answered on Mar 24, 2024

In Nevada, If the attorney no longer represents you and your bill is paid, you can request your entire file.

1 Answer | Asked in Child Custody for Nevada on
Q: in the process of family court. Im being served by mail court docs that have not been stamped from the court. Legal?

Paperwork is not stamped as if they aren’t submitted to the court. Usually they stamp Rec’d and Filed. I don’t know if this is legal or proper.

Bonnie M Lonardo
Bonnie M Lonardo
answered on Jan 22, 2024

Initial documents such as a Complaint must be filed before being served on the opposing party.

1 Answer | Asked in Child Custody, Family Law and Landlord - Tenant for Nevada on
Q: can my parents kick me out during Covid and keep my son?

When I divorced my husband my parents made me and my son move to Las Vegas. They said we could live with them rent free until he turned 18. The judge ordered my husband to give back my car but my mother said I could have hers because she didn’t want to take me to pick up mine. The night before... View More

T. Augustus Claus
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answered on Oct 5, 2023

In Nevada, as in many states, parents cannot forcibly evict an adult child without proper notice. This is typically seen as a landlord-tenant relationship, even if no rent is paid. In relation to your son, if you have full sole custody, your parents generally don't have the right to withhold... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: What can I do about court documents on my case that don’t belong to me.
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answered on Oct 4, 2023

In Nevada, if you discover court documents in your case file that don't pertain to you, you should take immediate action. First, ensure you've accurately identified the documents and their irrelevance. Next, contact the court clerk's office to bring the error to their attention. If... View More

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
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

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