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Nevada Family Law Questions & Answers
1 Answer | Asked in Family Law for Nevada on
Q: What if the child’s mother is continuously breaking the legal agreement/paperwork?

My daughters mother keeps taking her out of state without notifying me, she posts on social media that she’s drinking and I’m worried about my child’s safety. They’re in an unfamiliar area and if she’s intoxicated I don’t want her to be driving my kid around drunk. I’m too far away to... Read more »

Timothy Carignan
Timothy Carignan answered on May 9, 2021

She can get in trouble for denying you your court-approved visitation and for endangering the children, if she drinks and drives with them. You need to go to family court - preferably with an attorney- and present that evidence to the court. They will modify the order as they see fit.

1 Answer | Asked in Family Law for Nevada on
Q: Can a judge legally order me to lock my son out of the house to force him to see his father?

We have a new judge, there is a history of mental and physical abuse. My son has recently expressed fear of his father killing him if he doesn't do as his father says.

Bonnie M Lonardo
Bonnie M Lonardo answered on May 7, 2021

In any Family Law situation involving children, Nevada judges will always first and foremost look to what is in the best interest of the children. For this reason, it follows that endangerment of a child would most certainly be a compelling reason for a judge to grant a modification of an existing... Read more »

2 Answers | Asked in Family Law and Divorce for Nevada on
Q: As a witness in family court, can I listen to other witnesses before I give my testimony. I want them to know I’m listen

I want other witnesses to see me there listening. Not to change my own testimony or get the story straight. I feel I have the legal right to since it’s public

Bonnie M Lonardo
Bonnie M Lonardo answered on Apr 29, 2021

It has been my experience, prior to COVID, that it was really up to the individual judges if they allowed the witnesses all in the courtroom at the same time. most of the time I found that it was one witness in the courtroom at one time. Since COVID, most appearances are virtual and processes are... Read more »

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1 Answer | Asked in Family Law and Child Support for Nevada on
Q: Can I file a motion to compel discovery in a child support case if I can prove the other person's FDF if wrong

My ex moved out of town 1 year ago and gave me full custody of our son. We agreed that there would be no child support at the time. I was laid off from my job in September so I filed a Motion to modify child support. The Judge said that it would be modified but we needed a parenting agreement... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 12, 2021

I suggest you seek guidance from an experienced Family Law attorney that can help to review your case and the judges ruling to best determine your available options.

1 Answer | Asked in Child Support and Family Law for Nevada on
Q: Am I allowed to modify child support with my current situation?

1 year ago my ex moved out of town and gave me full custody of our son. She quit her job and refuses to look for workAt the time we agreed that nobody would pay child support but she would be responsible for 50% of clothes and school supplies. She has not followed that part of the Stipulation and... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 12, 2021

I suggest you seek guidance from an experienced Family Law attorney that can help to review your case and the judge's ruling to best determine your available options.

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Can Child Support be modified?

In May my ex moved out of town and gave me primary physical custody. I filed the stipulation and order with the judge so that everything was on the record. The stipulation and order clearly states in the first line that this is a temporary agreement until she moves back to town or if she moves out... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 12, 2021

If an existing child support order is in place, a modification is only warranted in the case of a 20% change in income. If not, any parent is entitled to motion for child support, however the amount is based on the custody arrangement in place. I would suggest you enlist the help of an experienced... Read more »

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: If my ex wants to do a medical treatment that I can't afford, do I have any recourse?

My daughter is receiving vision therapy. I recently lost my job and had to scramble to obtain a transfer to keep similar pay, but I had to move to Texas. I exhausted all my financial resources to move out her and remain gainfully employed. I told my ex that I wanted to wait on vision therapy for... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 11, 2021

In difficult situations like this, my suggestion is to first always attempt to talk civilly with your ex and see if it’s possible to come to an agreement on how to handle the situation. In my opinion, this is always preferred and usually more beneficial to both parties than going to trial.... Read more »

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: What qualifies as a conflict of interest for a judge?

My child support modification was recently transferred to a new judge. I have represented myself up until this point but the judge just ruled against child support. Before this judge took over the previous judge had already said child support would be modified and I proved a change of... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 3, 2021

If the judge is not involved in the daily case activities of the former firm, then this would likely not be a conflict of interest situation. The judge has a duty to be impartial and their former employment should not play a part in their ruling. However, if you feel uncomfortable, you may exercise... Read more »

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: My ex just got an ex party order granted to extend the time to file her reply and counter motion. Can I appeal this?

On January 16 I brought to her attention that she was breaking the Stipulation and Order filed with the court. At this time she directed me to only contact her attorney which I did. I filed the motion to reconsider and a motion to show cause of contempt of court for many reasons. These documents... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Feb 22, 2021

In my experience, this extension is very commonly offered as a courtesy by either opposing attorneys or by the court. You do have the option to object, however, in my opinion it may not serve you well in the long run if you do return to court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: I am trying to find out if I am entitled to modify child support in my current situation

I have full custody of my son. My ex quit her job, moved out of town and refuses to look for work. I lost my job in September and filed a motion to modify. The judge said that she would have to pay child support but continued the hearing until a parenting agreement was done. My case was then... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Feb 22, 2021

I would suggest you enlist the assistance of an experienced Family Law attorney to review the judge’s ruling as to why Child Support was denied. Generally speaking, being unemployed does not disqualify a non-custodial parent from their child support obligations, but there may have been other... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: I have Covid court Oder say I have to send kids back to other parent will I get in trouble if I don’t ?
Bonnie M Lonardo
Bonnie M Lonardo answered on Feb 15, 2021

I always advise my clients to adhere to the court order as closely as possible to avoid punishment due to court order violations. Additionally, I always encourage my clients to communicate openly with the other party and to discuss matters such as these amicably, before resorting to court... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: Are parents allowed to do this?

Hello, my dad has withheld all food other than peanut butter and oatmeal for over 2 weeks now. He also previously took off the shower knobs and turned off the water. Today he came into my room while I was at work and took over $3,000 worth of my belongings. Is he allowed to do all of these things... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2021

It would depend if the child is a minor, or if they are of legal age and therefore no longer the father’s responsibility, legally speaking. If the child is a minor, then the father is legally responsible for creating a safe environment for his children, this includes providing basic essentials... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: If I have my deceased sisters kids, because the father left them, how can I file he abandoned them?

He has been gone for 7 months without contact or providing support. I have them, want to keep them. But what route do I go in order to do so? Can I file for guardianship while they're in my home? Or do I need to call cps and have them go into the system first in order for it to be on Record... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2021

You may petition the court for guardianship, however you will have the burden of proving that being the guardian for the children, over their biological father, is in the children’s best interest. In doing so, it would serve your case to include evidence of his abandonment.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: mother died am I guardian?

The child is 7 years old. I am listed as the father on the birth certificate. We are divorced. During the divorce she was given full custody as the dna test came back, I was not the paternal father. She died out of the country and I am trying to get the child back to the U.S. The actual paternal... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 25, 2021

If the mother had full custody of the child prior to her death, the child will likely be taken into state custody until arrangements have been made for a family member or guardian to care for the child. If not predetermined by the mother’s will, that process may include a hearing to determine... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Long story short,4 yrs ago, my ex-husband adopted our 2 youngest grandsons, our daughter is mentally unstable. I have

The boys, with few exceptions, every weekend, holiday's and vacations. My question is what needs to be done so I can get custody of them should or when my ex can't? Do I have grandparent rights ?

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 18, 2021

If you have had a long standing visitation arrangement as well as a positive relationship with your grandchildren, and have evidence that it is in the child’s best interest that they remain in your care, then you may have a case to motion for joint custody. The right to child custody is only... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: If one parent gets arrested for something, will they take your kids if the other parent had no involvement?

If my kid's father, myself and my two kids are staying in a hotel at a casino. If I went down to the casino and got arrested for drugs. Would they go up to our room and take our kids if the other parent had no involvement or knowledge that the other one was even using drugs?

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 8, 2021

Generally speaking, if one parent is arrested, then the other parent would generally take on temporary primary or sole custody until the other parent is released or a custody modification is issued. If both parents are arrested, the children will be taken into state custody until released to a... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: Presenting your accomplishments is it better to State the struggle or just show the accomplishment

my mother in a temporary custody battle made it very hard for me and my girlfriend to cooperate together and see our daughter together she complicated it should we present that in court when we're just trying to get our custody as good parents or would that make it more of a damage battle... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 8, 2021

Unfortunately without all the information and further details regarding this case, I cannot provide strategic legal advice. This question is best addressed to the attorney representing your case.

1 Answer | Asked in Family Law for Nevada on
Q: Is the father of my child allowed to let his parents take my daughter out of state even without my permission?

We have split weeks in which my daughter is with me and when she is with him but I do not approve Of her leaving the state without either one of us with her. Is there anything I can do to refrain her from going?

Bonnie M Lonardo
Bonnie M Lonardo answered on Jan 8, 2021

Unless this matter is specifically mentioned in your custody agreement, then generally speaking the grandparents do not need additional permissions to take the child out of state. If they are traveling within the father’s designated visitation, then they only need the child’s father’s... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: My family law court case has been postponed 3 times, each time with a 60 day delay, until the next hearing.

Most recently, the judge granted an ex-parte application , without sending me a copy of the application, and without me being heard. How can I object to these delays of Hearing?

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 23, 2020

Unfortunately, due to the COVID-19 pandemic, it’s been fairly common for hearings to be postponed – sometimes even more than once. When a judge rules to postpone a case, it can be due to matters outside the party’s control, as in the case with COVID, or based on the judge’s determination.... Read more »

1 Answer | Asked in Child Custody, Child Support, Domestic Violence and Family Law for Nevada on
Q: Ok kids resident state is nevada Temp custody inndomestic case was filed And no new custody order has been filed sense

And no new custody order has been filed sense so as I understand those temporary custody orders have rained in effectSo now I have allowed the kids to go to visitation for part of the summer and I let them stay for an extended due to the Covid and now a lawsuit is being filed against me by child... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Dec 2, 2020

It is best to respond to the child support lawsuit with a request that child custody also be reevaluated. If child support is awarded, it will be based on how the child custody is arranged. Both the child custody and child support cases should be held in the state where the children have resided... Read more »

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