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Nevada Family Law Questions & Answers
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
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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
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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 Immigration Law for Nevada on
Q: How to I get a copy of certificate that show that my name was legally changed during naturalization?

I just need an Affidavit signed by court saying her name was modified; changes from Jingle Melton to Cloe Melton.

Kevin L Dixler
Kevin L Dixler
answered on May 9, 2022

You will have to file a form N-565, pay $555, and wait. The current processing times can exceed 11.5 months. For more information, go to www.uscis.gov or schedule an appointment with a competent and experienced immigration attorney.

1 Answer | Asked in Family Law and Appeals / Appellate Law for Nevada on
Q: disabled rights in nv. and found out estate sold all no reports
Tim Akpinar
Tim Akpinar
answered on May 9, 2022

A Nevada attorney could advise best, but your question remains open for a month. The issues of the question are not fully clear. There's no guarantee every question here is picked up, but you could add a few categories and repost. That might improve your chances of an attorney in the relevant... Read more »

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: Can I file a complaint against an Nevada RE agent that owes a substantial amount of c/s arrears?

He owes $25K in arrears and was being garnished but now has his commission checks cut in his RE partners name to avoid further garnishments

Bonnie M Lonardo
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Bonnie M Lonardo
answered on May 2, 2022

I am assuming that you have an order from either the family court or DA's office as the father has been garnished. You can either contact the DA's office and request they investigate further into his income or file a motion with the family court.

Because the arrears are over...
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2 Answers | Asked in Family Law for Nevada on
Q: Im married and live in nevada state my husband and i have a child together . We are separating and ive decided to move

Back to California with my grandmother . I want bring my son with me back to California without getting in trouble or charge with kippnapping.

Janice Jacovino
Janice Jacovino
answered on Apr 28, 2022

At the very least you want to get his agreement in writing. The safest best would be to open a court case and file the agreement in that case.

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1 Answer | Asked in Family Law for Nevada on
Q: What motion do i file to "withdraw" or "vacate" another motion?

I filed a motion for relocation with child that I now want to "cancel" because I cannot afford to move with her and was only moving with the promise of help from her father which he has now revoked.

Janice Jacovino
Janice Jacovino
answered on Apr 26, 2022

If the other parent has not responded to your motion you can simply file a Notice to Vacate the Hearing.

If the other parent has responded. You will need an agreement from the other parent to Vacate the Hearing. This would be call a Stipulation and Order to Vacate The Hearing.

If...
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1 Answer | Asked in Family Law for Nevada on
Q: Outside of LexisNexis, where would I be able to find case law for grandparent visitation and cancelation thereof?
Janice Jacovino
Janice Jacovino
answered on Apr 26, 2022

We have several options for locating law and forms. Below are a few.

The Librarians at our Law Libraries are extremely helpful. They can help with forms and law.

https://www.clarkcountynv.gov/government/departments/law_library/index.php

The UNLV Law Library...
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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...
Read more »

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1 Answer | Asked in Family Law for Nevada on
Q: I currently have joint custody. We have a MSA put in place that he has the insurance and we both pay half.

His insurance didn't work so I got Medicaid. In the past before the MSA was put in place he would refuse me taking the children to the doctor. We also have our family wizard account and now he's asking if I have Medicaid. He has a lawyer. Should I have gotten Medicaid without his... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Apr 8, 2022

The law requires that the children be insured. If the agreement was for Dad to cover the child under his insurance and he is no longer able to do that, getting Medicaid should not present a problem as you are being responsible by having the children insured.

You should both be sharing...
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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 for Nevada on
Q: Do I have to let elderly disable parents move in with me in Nevada?
Janice Jacovino
Janice Jacovino
answered on Mar 22, 2022

Nevada does not require children to support and reside with their disabled parents. If you have guardianship of your parents you may have additional responsibilities.

Hope this helps.

Janice Jacovino, Esq.

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 Family Law for Nevada on
Q: Can a hearing date be moved without a pro se litigant being notified? If not, what can I do about the outcome?

I had a hearing scheduled for my case get postponed until another hearing scheduled for 21 days later occurred. However, the judge and opposing party both were in court on the date for MY case but were discussing the other case. I almost didn't show up, even called the clerk of the court to... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jan 25, 2022

Hearing dates are fluid and are constantly subject to being changed for many different reasons some of which can be due to the court's calendar or counsel's conflict. If a court hearing is changed, you should have received a notice giving you the new hearing date. Although I understand... Read more »

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
PREMIUM
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 »

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