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Nevada Family Law Questions & Answers
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 »

1 Answer | Asked in Family Law for Nevada on
Q: IN NEVADA DO I JUST GO TO THE COURTS TO OBTAIN GUARDIANSHIP OF MY GRANDAUGHTER WHEREAS SHE HAS BEEN WITH ME FOR A YEAR

I HAVE HAD HER FOR A YEAR AND HER PARENTS CAN NOT TAKE CARE OF HER. I MAINLY NEED T/O KNOW HOW TO GET THE BALL ROLLING. I HAVE A POA FOR HER FROM HER PARENTS AS WELL

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

You may file a motion with the court to ask for guardianship. Nevada Family Law courts do prefer that both parents share custody of their children whenever possible, therefore the burden to prove this change in custody is in the child’s best interest will be on you as the grandparent. However,... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: im looking for an attorney who does CPS cases, either pro bono or fairly cheap i work but i dont make a lot of money,

I work 40 hrs a week plus, i am going to school full time and my child was taken from my husband and i on july 2nd of this year due to dental decay, which has since been fixed. i need some help please my public defender is never in her office and i dont feel comfortable with my case worker i have... Read more »

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

I'm sorry to hear you're in this difficult situation. Continuing to comply with the court ordered evaluations and screenings are definitely in your best interest and can only help your case. My suggestion is to look into Legal Aid Services in your area as they may be able to help out or... Read more »

2 Answers | Asked in Family Law for Nevada on
Q: how can i see my kid if mother is willing but grandparents dont let me near the kid or around the house period??

grandparents filing a restraining order against me on no cause and wont allow me to see or be near my kid and have no custady rights when im the father and the miother is willing to let me be their and around my kid

Janice Jacovino
Janice Jacovino answered on Nov 18, 2020

If you do not already have custody orders then you need to file a custody case and seek custody and/or visitation with your child.

If you already have custody orders then you can file to enforce them. You can also call the police for a civil stand by to help facilitate visitation....
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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Nevada on
Q: I was granted temp custody in a tpo case in california. No other custody order was made and nevada became kids resident

I allowed extrnded visitation due to covid and to avoid stress on kids. Husband doesnt allow constant contact now and a child support lawsuit had been filed against me. What do i do? Do i file here in nevada or there in california?

Janice Jacovino
Janice Jacovino answered on Nov 18, 2020

Where to file depends a few factors.

- If you already have an open case then file where you have the open case.

- If you had a prior case that decided custody then you will either need to file in that state or file to domesticate/register your prior order in the new state. Once...
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2 Answers | Asked in Family Law for Nevada on
Q: Can my daughter decide who wants to live with it? She is 16.

What form i need to fill out, to get custody of my daughter?

Janice Jacovino
Janice Jacovino answered on Nov 2, 2020

Generally speaking in custody cases the court bases its decision on the best interest of the children. One of the factors when attempting to determine the best interest is preference of the child. If you file a motion with the court to change custody, include that your daughter wants to lives with... Read more »

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2 Answers | Asked in Divorce and Family Law for Nevada on
Q: Financial abuse

My husband has decided that he will only pay for the house payment and all of the other money is his. I only make enough money to cover medical insurance. He has paid all of the other bills for 25 years. He has decided that all of the money is his and too bad for me. Should I file separation and... Read more »

Janice Jacovino
Janice Jacovino answered on Nov 2, 2020

I am sorry for the way you are being treated. Only you can decide if you are ready to file for separation or divorce. You can request support with both a divorce or with a legal separation.

Also, once you file with the court you can also file for a request for Joint Preliminary Injunction....
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1 Answer | Asked in Family Law and Child Support for Nevada on
Q: I've been paying child support for about 12 years now faithfully. My name isn't on the birth certificate what can I do?

I receive unemployment and only get $331.00 a week and child support takes 50% of that so I make about $550.00 a month now. I've truly been struggling. How can I get some help? I've tried to keep in contact with my daughter for all these years with no success. The last time I seen her was... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Oct 22, 2020

In order to modify child support payments, you must file a motion with the court demonstrating a 20% change in income since the current child support order was ordered. Otherwise, you may motion the court for a child custody modification which may impact the amount of child support ordered if a... Read more »

2 Answers | Asked in Family Law for Nevada on
Q: Do I need another move away order or a change in visitation?

I received a move away order two years ago to move out of state with my daughter. Now that I am finishing my education I would like to move to a different state. My daughter is about to be 13 years old and would like to also voice her opinion in regards to visitation but I have not perused that... Read more »

Janice Jacovino
Janice Jacovino answered on Oct 15, 2020

Congratulations on finishing your schooling. It is understandable that once school is done that you may want to relocate. Normally, you should consult with the other party to see if he will agree to the move.

If he does not agree to allow the move, depending on your order, you may need to...
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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.

Sincerely

Attorney Scott F. Bocchio

Legal Rights Advocates

www.yourlegalrightsadvocates.com

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.

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