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Nevada Family Law Questions & Answers
1 Answer | Asked in Domestic Violence and Family Law for Nevada on
Q: If I told my spouse that I have had an addiction to meth, is that considered domestic violence?

My wife filed a TPO because I informed her that I would use meth off and on for the past two years. She’s claiming that my behavior was a threat to her and our kids safety and that constitutes domestic violence acts against her and our two daughters. Is she right? I know I did wrong, but I told... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Nov 15, 2021

Under the Nevada Statues, the following are acts that constitute Domestic Violence - an addiction to meth is not included in this list.

battery; assault; forcing or threatening force to compel someone to do something they have a right to refuse; sexual assault; harassing behaviors, such as...
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1 Answer | Asked in Child Custody and Family Law for Nevada on
Q: Trying to move out of Nevada with minor son, no custody order. What do I need to do in order to move legally?

I am the primary custodial parent, child lives with me full time.

Bonnie M Lonardo
Bonnie M Lonardo
answered on Nov 7, 2021

As long as there is no court involvement, you are legally free to move with your child out of state. Both parents have the same rights to their children absent any court orders and thus the other parent may oppose this move and may file a motion with the court that may prevent your move.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Nevada on
Q: Living in family owned home father died.

His wife trying to evict me. Can I stay this and compel the will be produced?How do I go about this? A general form to compell to produce the WILL and stay eviction.

Bonnie M Lonardo
Bonnie M Lonardo
answered on Nov 4, 2021

Your situation sounds like it may benefit from speaking to a probate attorney. unfortunately our firm doesn't handle these types of matters but I am certain you can get assistance from a probate attorney. wishing you the best.

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Judge gave custody of children to ex-husband. They do not want to live with father. Judge won't ask children. What to do

I've been in custody fight for 2 years. Court recently awarded father custody. My children don't want to live with their father, but judge won't speak with them (Girls- Ages 10, 12, 13) When I took them to meeting place, they would not go with thier father and police came. Police did... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Nov 3, 2021

Although I understand and sympathize with your situation, generally speaking children younger than 15 or 16 years of age do not usually get to make decision as to custody preference. However, you might be able to have the children interviewed to see if the children's hesitation to go with the... View More

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: If I go to police station saying I’m concerned of my nephews well being? Haven’t spoke to him for 7 month

I raised my nephew 2-6 yrs old hrs 8 now his dad never was around my sister really dnt care about his future she doesn’t even let him comb his hair with gel she moved to Vegas in March I haven’t spoke to him my sister doesn’t let him contact me out of spite n jealousy well I heard she was... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Oct 12, 2021

it is a very commendable thing you have done in caring for your nephew. unfortunately if there is no court order giving you rights to custody or guardianship of your nephew, you don't really have legal rights.

if you are concerned about the safety of your nephew, you can always ask...
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1 Answer | Asked in Family Law and Probate for Nevada on
Q: Me and brother are the last surviving children my mother has 3 grandkids from my sister and brother that has past do my

Nephew n niece have any rights to the house n assets we have no will

Dara Joy Goldsmith
Dara Joy Goldsmith
answered on Oct 4, 2021

Assuming your mother was a raiders t of Nevada when she died, pursuant to Nevada intestate law, her deceased children’s grandchildren step into their deceased parent’s shoes. That being said, assuming your deceased siblings each had at least one child, the estate would be divided in four, on... View More

1 Answer | Asked in Family Law and Juvenile Law for Nevada on
Q: If my daughter lives with my mom but I still have full custody of her, who is legally responsible for her?

My husband, my daughter and I were living with my mom. My adult son also lives there. My mom kicked me and my husband out but my daughter stayed because we have no place and are now homeless. My mother is not taking my kid to school or making her do her work. We told my mom when she kicked us out... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Oct 3, 2021

Unless there is a court order giving your parents either guardianship or custody of the children, both parents are still legally responsible for the children.

1 Answer | Asked in Family Law for Nevada on
Q: How strict is this NEvada Jurisdiction requirement. one spouse there for 6 weeks ?

Can the nexus argument be used? History, business, multiple houses. I am curently block from the Nevada house.

Bonnie M Lonardo
Bonnie M Lonardo
answered on Sep 27, 2021

Hello,

The Nevada Judge will require a filed form to confirm your residency in Las Vegas for more than 6 weeks.

1 Answer | Asked in Family Law for Nevada on
Q: Me and the Father of my kids DON'T get along but he insist in order for him to help me he has to be at my house

If not he won't help me and he has another child with someone else and she has no problem after taking him to court but I've tried to work with him but his abusive and won't help if his not at my house my Question what do I do he has his own place well he lives with son and takes... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Sep 21, 2021

Hello,

This can be a frustrating situation.

Our firm believes in having a Custody Decree in place so the expectations and rules are in writing and filed with the court. Having this protection allows both parties to have a guideline or "rulebook" to follow to co-parent...
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1 Answer | Asked in Family Law for Nevada on
Q: When does it become to late to sign your rights over and grant temporary custody to a family member to get rid of CPS

I’m going to trial this month. Can I sign temporary guardianship to my mother and have this case dropped? When does this option no longer apply?

Bonnie M Lonardo
Bonnie M Lonardo
answered on Sep 19, 2021

Generally speaking, a temporary guardianship does not prevent the court from proceeding with a CPS case. It is best to speak with the attorney in the case to inquire as to what she/he is willing to accept to meet the best interests of the child involved.

1 Answer | Asked in Family Law for Nevada on
Q: What if the child’s mother is continuously breaking the legal agreement/paperwork?

My daughters mother keeps taking her out of state without notifying me, she posts on social media that she’s drinking and I’m worried about my child’s safety. They’re in an unfamiliar area and if she’s intoxicated I don’t want her to be driving my kid around drunk. I’m too far away to... View More

Timothy Carignan
Timothy Carignan
answered on May 9, 2021

She can get in trouble for denying you your court-approved visitation and for endangering the children, if she drinks and drives with them. You need to go to family court - preferably with an attorney- and present that evidence to the court. They will modify the order as they see fit.

1 Answer | Asked in Family Law for Nevada on
Q: Can a judge legally order me to lock my son out of the house to force him to see his father?

We have a new judge, there is a history of mental and physical abuse. My son has recently expressed fear of his father killing him if he doesn't do as his father says.

Bonnie M Lonardo
Bonnie M Lonardo
answered on May 7, 2021

In any Family Law situation involving children, Nevada judges will always first and foremost look to what is in the best interest of the children. For this reason, it follows that endangerment of a child would most certainly be a compelling reason for a judge to grant a modification of an existing... View More

2 Answers | Asked in Family Law and Divorce for Nevada on
Q: As a witness in family court, can I listen to other witnesses before I give my testimony. I want them to know I’m listen

I want other witnesses to see me there listening. Not to change my own testimony or get the story straight. I feel I have the legal right to since it’s public

Bonnie M Lonardo
Bonnie M Lonardo
answered on Apr 29, 2021

It has been my experience, prior to COVID, that it was really up to the individual judges if they allowed the witnesses all in the courtroom at the same time. most of the time I found that it was one witness in the courtroom at one time. Since COVID, most appearances are virtual and processes are... View More

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1 Answer | Asked in Family Law and Child Support for Nevada on
Q: Can I file a motion to compel discovery in a child support case if I can prove the other person's FDF if wrong

My ex moved out of town 1 year ago and gave me full custody of our son. We agreed that there would be no child support at the time. I was laid off from my job in September so I filed a Motion to modify child support. The Judge said that it would be modified but we needed a parenting agreement... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Mar 12, 2021

I suggest you seek guidance from an experienced Family Law attorney that can help to review your case and the judges ruling to best determine your available options.

1 Answer | Asked in Child Support and Family Law for Nevada on
Q: Am I allowed to modify child support with my current situation?

1 year ago my ex moved out of town and gave me full custody of our son. She quit her job and refuses to look for workAt the time we agreed that nobody would pay child support but she would be responsible for 50% of clothes and school supplies. She has not followed that part of the Stipulation and... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Mar 12, 2021

I suggest you seek guidance from an experienced Family Law attorney that can help to review your case and the judge's ruling to best determine your available options.

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: Can Child Support be modified?

In May my ex moved out of town and gave me primary physical custody. I filed the stipulation and order with the judge so that everything was on the record. The stipulation and order clearly states in the first line that this is a temporary agreement until she moves back to town or if she moves out... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Mar 12, 2021

If an existing child support order is in place, a modification is only warranted in the case of a 20% change in income. If not, any parent is entitled to motion for child support, however the amount is based on the custody arrangement in place. I would suggest you enlist the help of an experienced... View More

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: If my ex wants to do a medical treatment that I can't afford, do I have any recourse?

My daughter is receiving vision therapy. I recently lost my job and had to scramble to obtain a transfer to keep similar pay, but I had to move to Texas. I exhausted all my financial resources to move out her and remain gainfully employed. I told my ex that I wanted to wait on vision therapy for... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Mar 11, 2021

In difficult situations like this, my suggestion is to first always attempt to talk civilly with your ex and see if it’s possible to come to an agreement on how to handle the situation. In my opinion, this is always preferred and usually more beneficial to both parties than going to trial.... View More

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: What qualifies as a conflict of interest for a judge?

My child support modification was recently transferred to a new judge. I have represented myself up until this point but the judge just ruled against child support. Before this judge took over the previous judge had already said child support would be modified and I proved a change of... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Mar 3, 2021

If the judge is not involved in the daily case activities of the former firm, then this would likely not be a conflict of interest situation. The judge has a duty to be impartial and their former employment should not play a part in their ruling. However, if you feel uncomfortable, you may exercise... View More

1 Answer | Asked in Family Law and Child Support for Nevada on
Q: My ex just got an ex party order granted to extend the time to file her reply and counter motion. Can I appeal this?

On January 16 I brought to her attention that she was breaking the Stipulation and Order filed with the court. At this time she directed me to only contact her attorney which I did. I filed the motion to reconsider and a motion to show cause of contempt of court for many reasons. These documents... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Feb 22, 2021

In my experience, this extension is very commonly offered as a courtesy by either opposing attorneys or by the court. You do have the option to object, however, in my opinion it may not serve you well in the long run if you do return to court.

1 Answer | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: I am trying to find out if I am entitled to modify child support in my current situation

I have full custody of my son. My ex quit her job, moved out of town and refuses to look for work. I lost my job in September and filed a motion to modify. The judge said that she would have to pay child support but continued the hearing until a parenting agreement was done. My case was then... View More

Bonnie M Lonardo
Bonnie M Lonardo
answered on Feb 22, 2021

I would suggest you enlist the assistance of an experienced Family Law attorney to review the judge’s ruling as to why Child Support was denied. Generally speaking, being unemployed does not disqualify a non-custodial parent from their child support obligations, but there may have been other... View More

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