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He now has guardianship over his 22 year old disabled daughter. The child support was transferred from Indiana to Nevada.
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... View More
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.
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... View More
He is refusing to let them talk to me
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
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... View More
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
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... View More
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
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
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
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... View More
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?
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
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
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
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
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... View More
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
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
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.
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
answered on Mar 25, 2024
If someone else signed a divorce petition in your name, this is a serious matter that needs immediate attention. You should gather any evidence that proves you were not present or did not consent to the signing. This could include travel records, receipts, or witness statements.
Next,... View More
My daughter is 6 her father hasn't seen her in a yr and half. The judge just told him on feb 27th that he needs to come out to las vegas to build back a bond before summer. He isn't coming out here so I don't feel comfortable sending my daughter for half of summer to spend it with... View More
answered on Mar 12, 2024
Although I understand your concerns, it is important to follow the Court Order as it pertains to the visitations. If he is in violation of the Court Order and not attempting to build the parent/child bond by coming out to Vegas, then it would be up to you to file a motion with the court advising... View More
Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?
answered on Feb 14, 2024
If Georgia has jurisdiction of the child, and you have a previous custody decree, leaving the state without either the parent's consent or a court order giving you permission to relocate is not a good idea and can possibly have negative repercussion for you . It is best to file a motion with... View More
Unwed & escaping a DV relationship that I'd been too scared to report to law enforcement. How do I fight to keep full custody of my daughter without having to return to Georgia?
answered on Feb 12, 2024
You need to reside in your current state for a total of 6 months prior to the court there having jurisdiction for your child. You need to be in your county for a minimum of 90 days. SInce you are not married to the Father, in the absence of any other order, it is likely you are the sole custodian... View More
There are with children forms and without children forms.
answered on Jan 24, 2024
In Nevada, if both parents have had their parental rights terminated and there are no children involved in the divorce, the appropriate forms to use would be those designed for a divorce without children. These typically include a Complaint for Divorce (without Children), Summons, and Decree of... View More
My daughter primary lives with me and spends the night at her dads house once or twice a week if he is in town( He's a Flight attendant).
answered on Jan 24, 2024
In Nevada, the determination of who gets to claim a child on taxes can be influenced by legal agreements, court orders, and IRS rules. If there is a court order or legal agreement specifying the terms for claiming the child as a dependent, those terms should be followed. According to IRS rules, the... View More
My daughter primary lives with me and spends the night at her dads house once or twice a week if he is in town( He's a Flight attendant).
answered on Feb 22, 2024
In the United States, the parent who has primary physical custody of the child for the majority of the year typically has the right to claim the child as a dependent for tax purposes. Since your daughter primarily lives with you and spends only one or two nights a week with her father, it's... View More
I moved a year ago to live with my nana and ran away from my dad but now I see where he was abusive from and now I want to get away from my grandmother and move in with a family member (my sibling) who is 22. I can show I am responsible, I have a job and can pay rent and I have been for a year now.... View More
answered on Jan 16, 2024
Based on Nevada law, a 17-year-old minor likely requires parental consent to move out and live with an adult sibling. Some key details:
• In Nevada, the age of majority is 18 years old. So right now at 17, you would still be considered a minor.
• Minors generally need consent of... View More
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