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Nevada Family Law 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 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 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

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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 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

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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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2 Answers | Asked in Civil Litigation, Estate Planning and Family Law for Nevada on
Q: My father passed a few years ago. My stepmother said I lost my inheritance. I was the sole trustee and beneficiary

I believe it was a revocable trust. Can she remove me after my dad’s death? How do I get a copy without knowing the attorneys they used?

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answered on Oct 3, 2024

Every case is unique, hence in circumstances like these—where your father died away and you are unsure of your position as trustee or beneficiary of a revocable trust—you should be careful to consult with an attorney who specializes in trusts and estates. Here are some broad ideas,... View More

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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 Adoption, Divorce and Family Law for Nevada on
Q: Are we able to get divorce & custody documents signed & notarized by different notaries in different states?

My partner is getting a divorce , we live in Nevada & her husband lives in Washington state. Can we avoid having to make the trip up to Washington , by notarizing the documents here on the mothers behalf & then send the documents to Washington & have her husband also notarize separately... View More

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answered on Jul 31, 2024

As an attorney, I can provide some general information, but for specific legal advice tailored to your situation, please contact us at 702-979-1455 or visit our website at www.gastelumattorneys.com.

In divorce cases where the spouses reside in different states, it is often possible to...
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2 Answers | Asked in Family Law, Civil Rights and Landlord - Tenant for Nevada on
Q: In Nevada, would it be legal to throw away my ex fiance's stuff? He cheated on me and left 3 months ago

His parents are aware of the situation and that we were trying to coordinate last month. However, the stuff is still here taking up a lot of space (6 boxes of clothes/tools). I would rather just throw it all away and start fresh. I gave him the important documents already. Some of the tools/clothes... View More

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answered on Aug 20, 2024

It's common to feel the urge to get rid of your exs stuff, after a while. The rules around disposing of their belongings can be tricky and depend on laws. In Nevada those items might be seen as abandoned property. There are usually steps you need to take before you can throw them out... View More

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1 Answer | Asked in Civil Litigation, Estate Planning and Family Law for Nevada on
Q: Can an unborn child be the sole inheritance of a residential home ?

And if the child is not born, can there be a provision for the property to go to the state ? Bypassing the Child's parents.

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answered on Jun 21, 2024

A very good attorney could draft such a future interest deed (contingent remainder; subject to an executory interest; etc.) which would not violate the Rule Against Perpetuities. Very few attorneys can draft an enforceable deed such as that, and no title companies. You will need to hire a NV... View More

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