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Nevada Questions & Answers
1 Answer | Asked in Divorce and Family Law for Nevada on
Q: A NV sheriff has divorce papers from NY where my husband lives.What happens if I don't accept them?

I don't want to make this easy for him. What he did to me is beyond belief after 24 years of marriage. I would Iike to know my options .

Philip Spradling
Philip Spradling
answered on Dec 12, 2024

Proper service does not require 'acceptance.' If the papers are handed to you or otherwise placed into your knowing possession, then you have been served. Service can also be made by giving the papers to an adult staying at your home. In Nevada, service can even be made to a guard in a... View More

1 Answer | Asked in Divorce and Family Law for Nevada on
Q: I married my husband in two states NV and NY,a month apart. Do I need to divorce in both states or just one of the two
Philip Spradling
Philip Spradling
answered on Dec 12, 2024

A marriage in one state is given 'full faith and credit' in all other states. The same goes for divorces: a divorce in one state is recognized in all other states.

You need to get divorced in the state in which either you or your husband currently resides: this may be neither...
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2 Answers | Asked in Immigration Law for Nevada on
Q: Came in US illegal, detained CBP and seek asylum as gay men but now in love with a women who is a citizen and marry.

I am from South America and entered the U.S. by crossing the border running and was detained by CBP. I sought asylum under the Biden administration in 2024 and currently have a pending asylum case and a future immigration court date. While in the U.S., I met the love of my life (a women) which I... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Dec 11, 2024

So an immigrant who has been inspected to at the border and filed a proper timely asylum claim can marry a US citizen and be sponsored for a marriage base green card case. However, because you have indicated that your ground of Asylum is based upon the fact that you are gay man and your country... View More

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2 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

How can I challenge the legality of the adoption of my son?

Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?

How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More

Philip Spradling
Philip Spradling
answered on Dec 8, 2024

Before an adoption there is usually a Termination of Parental Rights (TPR) of the existing parent(s). Very likely what you are seeking to do is reverse the TPR order. How you would do this depends on the circumstances. If you were unaware of the hearing and did not attend, or there was a reason... View More

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2 Answers | Asked in Family Law, Adoption, Child Custody and Civil Rights for Nevada on
Q: If you were me what would you do?

How can I challenge the legality of the adoption of my son?

Which was finalized in Washoe County without proper notice or due process, despite my role as his primary caregiver?

How can I seek to vacate the adoption order based on procedural irregularities, fraud, and... View More

Jennifer Setters
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answered on Dec 9, 2024

Legal issues surround challenging the legitimacy of your son's adoption particularly in light of allegations of fraud, deception, lack of appropriate notice, and violations of due process rights. To properly negotiate this process, one need speak with a Nevada family law attorney versed in... View More

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1 Answer | Asked in Patents (Intellectual Property) for Nevada on
Q: Is there a patent for counter rotating blades blenders

A two bladed blender with blades operating in different directions.

David Aldrich
David Aldrich
answered on Dec 5, 2024

The question is a little too broad to answer. If you are considering pursuing a patent based on this idea, you should avoid disclosing the details of your invention on a public forum like this, as your own public disclosure could end up being prior art that will impede your ability to obtain a... View More

1 Answer | Asked in Child Support and Family Law for Nevada on
Q: I own 7,000 child support and like 17,000alimony they put my name in the denial list to get a passport,

if i pay what i own child support will they remove my name from denial list , or i must pay both alimony and child support,

Jennifer Setters
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answered on Nov 25, 2024

Usually, it is advisable to pay off the child support debt in case your application for a passport is denied due to arrears of child support. This will help to have your name deleted from the list of persons denied a passport. The United States Department of State says those who are in arrears on... View More

2 Answers | Asked in Family Law and Tax Law for Nevada on
Q: Can one state take my federal tax return while another state is collecting child support? One child same case
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answered on Nov 25, 2024

Every case is unique; so, it is advisable to seek legal advice to know how child support rules apply to your particular circumstances. Generally speaking, coordination among the several states participating in collecting child support for the same case guarantees proper direction of payments.... View More

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2 Answers | Asked in Family Law and Child Support for Nevada on
Q: My husband owes about $4000 in arrears her in NV. His ex wife wants to forgive them. How would he move forward with that

He now has guardianship over his 22 year old disabled daughter. The child support was transferred from Indiana to Nevada.

Philip Spradling
Philip Spradling
answered on Nov 8, 2024

How to forgive child support arrears?

The right way: the parties should enter file a stipulation in whatever court the child support was ordered. In Nevada, the stipulation should state that the obligation has been satisfied, and the means by which it has been satisfied. If the...
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2 Answers | Asked in Family Law for Nevada on
Q: Can a family attorney request pending criminal discovery, to use in a family law trial? Nevada

Father is pending trial, and step mom he seeked visitation with the children. Bio mom’s lawyer is requesting a subpoena for Bio dad’s criminal discovery. Is this allowed, or is this protected information? Step mom cannot see the discovery as she’s a potential witness in the criminal case.

Philip Spradling
Philip Spradling
answered on Nov 8, 2024

Normally yes, a family attorney can requesting pending criminal discovery. Criminal discovery is not protected from discovery in family law cases.

If there is some reason that a party should not receive discovery, then you need to request a protective order. Or, if a subpoena has...
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2 Answers | Asked in Family Law for Nevada on
Q: Can a family attorney request pending criminal discovery, to use in a family law trial? Nevada

Father is pending trial, and step mom he seeked visitation with the children. Bio mom’s lawyer is requesting a subpoena for Bio dad’s criminal discovery. Is this allowed, or is this protected information? Step mom cannot see the discovery as she’s a potential witness in the criminal case.

Jennifer Setters
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answered on Nov 14, 2024

In Nevada, whether a family law attorney can request pending criminal discovery for use in a family law trial depends on several factors, and there are limitations and protections surrounding criminal discovery that may apply. Here's a breakdown:

1. Family Law and Criminal Law...
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2 Answers | Asked in Family Law for Nevada on
Q: I pay for the cell phone for my 14 years old twins, can dad take their phones cutting off communication between us?

He is refusing to let them talk to me

Jennifer Setters
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answered on Nov 14, 2024

In situations where you are providing the cell phones for your 14-year-old twins and the other parent (in this case, the father) is preventing them from communicating with you, it can be a complicated issue. Here are some key points to consider:

1. Legal Custody and Communication Rights:...
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2 Answers | Asked in Family Law for Nevada on
Q: I pay for the cell phone for my 14 years old twins, can dad take their phones cutting off communication between us?

He is refusing to let them talk to me

Philip Spradling
Philip Spradling
answered on Oct 29, 2024

Cutting off communication is, in general, not a good move for Dad. One of the factors a Court must consider when deciding what is in the best interest of the child is "which parent is more likely to allow the child to have frequent associations and a continuing relationship with the... View More

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2 Answers | Asked in Divorce and Family Law for Nevada on
Q: I am recently divorced. I feel my attorney did a very poor job of representing me in the divorce. can someone help me?
Philip Spradling
Philip Spradling
answered on Oct 21, 2024

Unfortunately, there are rarely any second chances once the divorce has been finalized. Especially if the problem is with your attorney and not the court.

You can file a motion to reconsider, if you believe the court made a mistake. In Clark County, you only have a week to do this. But...
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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 Employment Law and Appeals / Appellate Law for Nevada on
Q: do i have a case for an appeal to be submitted with a higher court my case was supposed to be re evaluated by DETR*

a judge reversed DETRs decision to deny me benefits and on the last day for the lawyers representing DETR to file any paperwork they filed for a motion to amend judgement and it was granted and the judge sent it back to DETR for review and instead of reviewing the case as directed by the judge DETR... View More

Jennifer Setters
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answered on Oct 8, 2024

Based on your description, it sounds like there may have been a procedural mishandling of your case by DETR, especially if they failed to follow the judge's direction and this resulted in financial loss. You may have grounds for an appeal, particularly if the judge was not informed of the... View More

1 Answer | Asked in Family Law and Criminal Law for Nevada on
Q: I have a restraining order against my ex for online harassment granted by California... I now live in Nevada.

Hello. I have another year left on the restraining order against my ex for online harassment granted by the state of California. In the past year I've moved to Nevada and the online harassment has recently started again. Does my restraining order hold any weight in the state of Nevada? Can I... View More

Jennifer Setters
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answered on Oct 3, 2024

Every case is unique, hence in situations like this—where you have a restraining order granted in California and have subsequently relocated to Nevada—it is advisable to seek advice from an attorney conversant with both Nevada and California law. These are some general rules:

Applying a...
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1 Answer | Asked in Criminal Law for Nevada on
Q: Im trying to find out if I have a bench warrant for missing a court date.

I want to find out if I have s bench warrant and that i called the court where I think it was at and they have no record of me and it had a friend call and they put her through to the district attorney and he said he didnt have anything on me and I want to know if that means I dont have a bench... View More

Jennifer Setters
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answered on Oct 3, 2024

Every case is unique, thus in circumstances like this—where you are attempting to find out whether you have a bench warrant for skipping a court date—you need be sure to speak with an attorney for your particular case. Here are some broad ideas for thought:

Getting in touch with the...
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2 Answers | Asked in Election Law for Nevada on
Q: Have the DNC & RNC ever been legally recognized in US Constitution &/or legal Federal Election authorities? Yes or No?

Generalized US Constitutional question.

Jennifer Setters
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answered on Oct 3, 2024

The quick response is no; the U.S. Constitution does not officially acknowledge either the Democratic National Committee (DNC) or the Republican National Committee (RNC). As the U.S. Constitution was drafted before political parties as we know them existed, it makes no reference whatsoever of... View More

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