Get free answers to your Family Law legal questions from lawyers in your area.
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 
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
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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
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... 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
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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
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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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 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
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
There are with children forms and without children forms.
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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).
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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
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).
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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
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
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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
My wife and I have been separated for 7 years during that time we have been able to get along and co-parent and have shared 50/50 custody. Without the courts being involved or mediation. We both claim one child on our income taxes we both buy them their necessities we both transport them back and... View More
answered on Jan 8, 2024
Sort of true and sort of not true. In a the divorce documents (called a Joint Petition of Divorce because you agree) you would state what the amount of child support would be. But you can then state you both agree to waive or change this amount.
Can I move out at 18 still attending school with an IEP? Basically I will be living with my friend if so.
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answered on Dec 14, 2023
Yes, in Nevada, you have the legal right to move out at 18, regardless of your IEP status. However, certain considerations come into play, especially regarding your Individualized Education Program (IEP). While being 18 grants you adult status, if your IEP necessitates support you can't... View More
If so, how should I go about that? Should I ask the same judge that ordered the return of funds. Also, can I request fees and costs in this motion as well?
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answered on Nov 14, 2023
Generally, interest is awarded to compensate the victim of an unlawful seizure for the loss of use of their funds. The amount of interest that is awarded is typically calculated based on the prevailing interest rate during the time that the funds were withheld.
our motion should specify the... View More
I, took it upon myself to take legal information, and concerns they had about their case possibly having constitutional violations concerns. That the defendants lawyer never answered about, and went from a being forced to take the DAs plea deal as long as the defendant pleas guilty to the... View More
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answered on Jan 7, 2025
1. Forced Plea Without Consent
A plea must be:
Voluntary: The defendant must enter the plea without coercion or undue pressure.
Knowing and Intelligent: The defendant must fully understand the consequences of the plea, including waiving constitutional rights (e.g., the right... View More
The parents were awarded visitation during the guardianship hearing. The guardians were told they can't ignore phone calls.
Parents were not informed their child was in Intensive Care, only discovered this information via accidental phone call from the hospital's cafeteria,... View More
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answered on Jan 7, 2025
1. Guardianship Rights and Responsibilities:
Guardians typically have the legal right to make decisions about the child's medical care and access to information while the child is under their guardianship.
However, if the court has awarded visitation or communication rights to... View More
Example: no grandparents, aunts, uncles, or significant others
answered on Dec 25, 2024
You mean by a state court judge? Not really.
The IRS has its own rules regarding who can claim children for various exemptions and tax benefits. For the dependent deduction, it is generally the person the child lived with more than half the year, but there are other requirements. See,... View More
In my current and open Family CPS Case, after my son was born and we both tested negative for any influence of drugs in our system, due to the fact he was born 1month early. Social Service became involved and so did something called Nea or Neo from CPS DFS. The hospital said he was showing signs of... View More
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answered on Dec 21, 2024
I'm sorry you're going through this difficult situation. Your constitutional rights under the 4th and 14th Amendments protect you from unreasonable searches and ensure due process. If you believe these rights have been violated, it's important to document all interactions with CPS... View More
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