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Nevada Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Nevada on
Q: If my child support was cancelled by the mother in a district court back in 2012 how can they still be taking

I have court papers from the district court saying it was cancelled. Also signed by the mother.but my checks are still garnished etc.

Janice Jacovino
Janice Jacovino
answered on Sep 21, 2022

The answer to the questions would depend on the what the court papers said.

Did it include past child support, current support, judgements, ect?

Also, while a mother could waive current/ongoing and past child support due to her for the child, she can not waive an amount due to the...
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1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: How can I leave Nevada with my son and not have it jeopardize me? My marriage has turned toxic and it’s not safe for me.

I want to leave because I have no family or support here

Janice Jacovino
Janice Jacovino
answered on Sep 12, 2022

To legally leave the state with the child you should file for divorce and include an emergency motion to relocate.

1 Answer | Asked in Domestic Violence, Family Law, Gov & Administrative Law and Legal Malpractice for Nevada on
Q: My lawyer and judge are friends and I asked my lawyer about an appeal in a cp domestic violence case and she quit.

My lawyer was very rude tryed to coerce me into pleading in family court and quit when I asked about an appeal because I never got 72hr hearing for child removal in Las vegas 89115

Joel Gary Selik
Joel Gary Selik
answered on Sep 3, 2022

What you describe would not be a legal malpractice case.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: I’m looking for NRS 159A form to file with the court , to contest termination of guardianship .

What form do I file to contest termination of guardianship ?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Aug 30, 2022

You might try looking at the Family Law Self Help Center website.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Is the judge likely to rule based on the CPS report?

I have an existing child custody agreement but after my sons december visit to his dads he came home and told me he was sexually abused buy his father 4 times. I filed a motion to modify custody and filed a police report. The judge ordered a CPS investigation and has the findings. I was told by CPS... Read more »

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

You can file a Motion to Modify Custody and explain to the court why you kept your son and ask the court to change custody to you as dad is assaulting the child. However, you want to be sure the sexual assault has been substantiated or the court is unlikely to change custody without some other... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Is there something I can do to get primary so the kids can stay together? Or no because daughter was sent here.

I’m primary of son (16)in Nevada ex is primary of daughter(13) in Idaho. Idaho has jurisdiction. Court custody is alternate summers holiday no child support. Split medical cost 2019 court date she didnt get primary of son back no substantial change. She asked if I would take daughter because... Read more »

Janice Jacovino
Janice Jacovino
answered on Aug 5, 2022

You should consult an Idaho attorney. From a Nevada attorneys' perspective and with the limited information above, you can file in court asking for primary custody if you have had primary custody ( even if it was voluntary given to you) as this can be seen as a substantial change assuming... Read more »

2 Answers | Asked in Family Law, Child Custody and Child Support for Nevada on
Q: Can a judge grant me hardship and be able to move my kids out of state?

For the last 10 years, my family has lived away from our extended family due to work. I have been a stay at home mom for 10 years while my husband has worked and advanced his schooling and graduated from University. I have no more than a HS education and no skills to obtain a job to help support my... Read more »

Janice Jacovino
Janice Jacovino
answered on Jul 5, 2022

Assuming you have or had case with Family Court, you would need to file a Motion for Relocation.

If you do not have a case then you would first need to file for divorce; custody or legal separation depending on your circumstances, then in this case you can file yourMotion for Relocation....
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1 Answer | Asked in Family Law for Nevada on
Q: Can you get a joint annulment for fraud?

My husband hid a domestic violence misdemeanor from me. He has been violent to me. After 5 years, can I get an annulment?

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jun 29, 2022

Nevada law does not have a time limit to annul a marriage, however three years seems to be the general consensus.

that is not to say that the annulment will not be granted if the marriage is longer than the three years, but to get the annulment you must meet the requirements which are you...
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1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: My ex and I divorced in September of last year. He moved 20 hours away. He is moving back. How will this impact custody?

My ex moved to be closer to his mom (she's his source of income). He's currently having mental health issues. He has talked about dating Jesus, seeing and hearing god, shooting demons, my oldest having a demonic name (she goes by a chosen name), and demons "attaching" themselves... Read more »

Bonnie M Lonardo
PREMIUM
Bonnie M Lonardo
answered on Jun 1, 2022

It appears from your message that you have reason for concern regarding his visitations with the kids. I am not certain what type of visitation dad has but you might want to consider filing a motion for modification of custody yourself if you are planning on keeping the kids away from him. This... Read more »

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
PREMIUM
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
PREMIUM
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
PREMIUM
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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