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Nevada Family Law Questions & Answers
1 Answer | Asked in Adoption and Family Law for Nevada on
Q: My ex and her daughter live with me. The daughter isn't my Biological child but i consider her my child so do they both

I would like to adopt or step I'm just not sure how to do it. Me and the mother are not romantically involved but we are best friends any help you could give would be great

Bonnie M Lonardo
Bonnie M Lonardo answered on Sep 9, 2020

Adoption would be possible only if the child’s biological father’s rights have already been terminated, or if he is willing to forfeit his parental rights. If the child’s biological father intends to keep his parental rights, then the court will not grant those rights onto additional parties.... Read more »

1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: I have 50/50 parental custody with my ex spouse she wants my son to go back to day care Monday I dont think thats a good
Bonnie M Lonardo
Bonnie M Lonardo answered on Aug 25, 2020

This situation is a matter of legal custody. While the parents may have 50/50 physical custody and spend equal physical time with the child, when it comes to this type of decision making for the child, these are aspects of legal custody. If the parents have 50/50 legal custody, then any decision... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: I am father of two children. Their mother is telling them I murdered someone to scary them into avoiding home visits

I am the father of two children ages 12 and 15, years old. Their mother is consistently telling my children that I murdered my stepfather which is not true. I was not born when my stepfather was murdered during 1981. I was born 1982, my two children believe their mother now they do not want to... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Aug 12, 2020

The matter of needing the mother’s permission to attend the type of mental health treatment your children were referred to is a matter pertaining to the legal custody arrangement in place. If you and the children’s mother share joint legal custody, then, yes, it is likely that she would need to... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Nevada on
Q: Can the father of my child take full custody while being in prision?

The father of my child sent me a divorce letter via mail while he is locked up (he still locked up) He was never a responsible father, didn’t payed child support (he only twice and not the right amount) in fact that’s the reason why he’s a jail. In reality I want nothing to do with him, I... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Aug 7, 2020

A parent cannot have physical custody of a child when incarcerated. If anything, it is more likely that the court may award the custodial parent full or sole custody, if not permanently, at least temporarily while the other parent is incarcerated. The only possible custody the incarcerated parent... Read more »

1 Answer | Asked in Family Law, Child Custody, Juvenile Law and Social Security for Nevada on
Q: Can a parent with no parental rights refuse to give you your SSN and birth certificate?

I live in California

Scott F Bocchio
Scott F Bocchio answered on Mar 17, 2020

Even if they refuse you can go to a local SS Office or order a birth certificate online or visit your local City Hall in the town you were born in.

Hope this helps.


Attorney Scott F. Bocchio

Legal Rights Advocates

1 Answer | Asked in Family Law for Nevada on
Q: How do I go about separating from my boyfriend when we own a home together ?

We recently bought a house and there are 3 of us on the title. Myself, my boyfriend and my mother. But only myself and the boyfriend are on the loan.

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Nov 22, 2019

Owning property and being in a relationship where you aren't married are two different things. If you all own the house legally and there hasn't been any violence, it's doubtful that any one person can force another to move out.

1 Answer | Asked in Family Law and Immigration Law for Nevada on
Q: I was previously married and did all the paperwork for my ex wife. Am i entitled to a copy because i want to marry again

I went to every office for immigration paid for it and i have no idea about the paperwork and i want to ask the lawyer for a copy but dont want to tip off my ex wife so she doesnt try to stall my new marriage. She is also and immigrant with a work visa and i dont even know if it will be a problem.... Read more »

Sheri A Benchetrit
Sheri A Benchetrit answered on Nov 11, 2019

You can do a Freedom of Information Act (FOIA) request for the I 130 and for any documents that you signed, but you will not be entitled to a copy of the documents she signed, such as the I 485, Application for Employment Authorization or Application for Advanced Parole, as those belong to her.

1 Answer | Asked in Bankruptcy and Family Law for Nevada on
Q: My daughter and her two girls moved in with me. My son in law pays nothing. I’m going broke. How do I get him to pay?

Daughter has him living in my house. Against my desire. But is now fed up

Timothy Denison
Timothy Denison answered on Aug 17, 2019

Tell him his share of the monthly payment and pay up or have him removed from the house.

1 Answer | Asked in Child Support, Family Law and Tax Law for Nevada on
Q: I paid off my entire child support debt, yet my tax return was taken from me.

Hello, I finally paid off my entire child support debt last year after 9 long years! I had to ask them to close it, and meantime my wages were still being garnished until my case was closed, which finally took place in August of 2017. While I waited for it to close, they began sending me checks for... Read more »

Linda Simmons Campbell
Linda Simmons Campbell answered on Mar 1, 2018

I would start by contacting the IRS to make sure that your refund was taken for child support. If it was then you will likely need to go back to child support enforcement with proof that the IRS took the refund for child support.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: My daughter has resided with me for the past 3 years, what are my rights as a father.

My daughter has stayed with her mother when her mother came around. The first 2 years she only stayed with her mom 3 days or less some times none a month during the 2 years. Recently she has been going with her 3-6 days every other week. I have been trying to keep my daughter from going with her... Read more »

Kristofer D. Leavitt
Kristofer D. Leavitt answered on Jan 26, 2018

It sounds as if there is no custody arrangement in place (or else custody would be handled by the agreement). You have at least two options. First, you could voluntarily come up with a parenting agreement between you and the mother, but it sounds like finding a mutual agreement is unlikely.... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Nevada on
Q: How do I get partial custody to have extended periods of time with my child who my wife has taken out of state.

I’m in a legal separation, my wife went on what I thought was a quick trip to see her family and ended up not coming back. She then filed for legal separation. I have had one hearing already and the judge when I asked for my wife to be ordered to return with my child because I did not give... Read more »

Kristofer D. Leavitt
Kristofer D. Leavitt answered on Jan 26, 2018

You will need to seek an temporary or permanent order from the judge. You may be able to do this within the legal separation proceedings or you may need to start formal divorce/child custody proceedings.

1 Answer | Asked in Estate Planning, Family Law and Probate for Nevada on
Q: Where do I get forms for a trustee declination to serve and appointment of successor trustee by resigning trustee?

Will left everything to trust. Named co-Trustees have failed to act within the 30 day time period (after death). Neither wants to serve. Need forms to effectuate my appointment as Trustee.

Delwyn E. Webber
Delwyn E. Webber answered on Sep 13, 2017

What I typically see is a "Declination" prepared by and signed by the resigning Trustee(s) just stating that they acknowledge they were nominated to serve as Trustees of the "Name" Trust, however they decline to accept that appointment. The form could include language stating... Read more »

1 Answer | Asked in Family Law, Products Liability and Wrongful Death for Nevada on
Q: I lost my deceased moms lawyer number and her settlement was ready for payout for her Baby Powder case. I had to get DC.

I was told to obtain Death Certificate and call back because her case was settled and ready for payout. What do I do?

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2017

If an estate was opened there would be a listing of the claim and the attorney. If they told you it was ready likely there were letters in her things about the case. If you know where the case was filed you can check the court dockets.

1 Answer | Asked in Education Law, Family Law, Immigration Law and International Law for Nevada on
Q: My daughter is a U.S citizen with down syndrome. I was born in mexico. I've been in the u.s since i was a baby.

I went to high school and have my GED. I would like to be here legally to continue supporting my daughter. I just dont know where or how to start or where to even go.

Shan Dimitris Potts
Shan Dimitris Potts answered on Jan 8, 2016

Depending upon how old you were when you came to the US you may be able to apply for DACA. But the next president of the US has all the power to either continue the DACA program or cancel it. So you need to act quick and apply for DACA as soon as you can. And how old is your daughter?, depending... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: Is the "child support and welfare" form needed if there are not children involved?

This may sound like a silly question, but I'm getting mixed information. I read one place that people need to fill it out because the form discloses SS numbers which are required for filing for divorce, but it does not make sense to do the form when there are no children. My soon to be ex has... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 5, 2015

You should call and ask the clerk of court. Are you saying that Social Security numbers ARE required to be filed in Nevada? That seems strange, because most courts have measures in place to prevent Social Security numbers being available for public access.

1 Answer | Asked in Criminal Law and Family Law for Nevada on
Q: a 29 yr old man had a sexual relations with my daughter who got preg. who was 16 can i file charges on him

he 31 and my daughter was 16. got her preg. this day he has just ingaged in sex with daughter and has no signs of wanting my daughter and the baby in a relation. . Can i press charges on this man who had sex with daughter who was 16 with no intentions of being in a relionship of love and... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 12, 2015

Go see a local attorney about this. The age of consent is 16 in Nevada.

1 Answer | Asked in Family Law for Nevada on
Q: My husband and I want a divorce, but still live together, can I get health insurance for my children based on my income?

My husband and I would like to get a divorce, but still live together for the kids, I am currently a stay at home mother. Am I then able to get health insurance based on my income as a stay at home mom for my children and myself?

I am in the process of building my work from home business... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Aug 31, 2015

Wouldn't it be best to shop for insurance and speak with insurance agents about this? It might be best to stay married rather than get a divorce.

1 Answer | Asked in Family Law for Nevada on
Q: Is there a way to search lawyers case history

I have a very unique case is there a way to search for previous cases like mine and see what the outcome was? also how do I find a lawyer that has tried a case like mine. is there a case history search that can be done on a lawyer to help narrow down my search for an attorney.

Jonathan Craig Reed
Jonathan Craig Reed answered on May 18, 2011

You can Google Clark County Courts and then search by attorneys in the area you are interested in which is District Court and then Family Court. You will get a list of cases a particular attorney participated in. Unfortunately, you will have to go the court house to review these cases. So that... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: If an engagement is broken in Nevada, Does the ex-bride need to return the engagement ring?
Stacy Rocheleau
Stacy Rocheleau answered on Dec 29, 2010

The ring is a gift on the condition of marriage. If the couple do not marry then the ring needs to be returned. However, if the couple divorce then the wife would be able to keep the engagement ring.

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