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Nevada Questions & Answers
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
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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2 Answers | Asked in Adoption, Child Custody and Family Law for Nevada on
Q: How do I go about legally adopting my sig others son, so we can get him a passport, as well as have legal rights?

My significant other and I have been together since sept 2013. Child was born Jan 2012. Biological father has never put forth any effort to support (financially or emotionally) the child and has been in and out of jail and prison the child’s entire life. I’ve been acting in place as his father... Read more »

Janice Jacovino
Janice Jacovino answered on Apr 26, 2022

The child's mother can file with the Court requesting to obtain a passport for the child. When granted, the Court will order that the passport can be obtained without the Biological father's signature.

The child's mother can also file for sole or primary custody and child...
Read more »

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1 Answer | Asked in Collections for Nevada on
Q: I was sued for a voluntary Repo of a car from 7 years ago....Apparently The defendant said I was served and has a judgt

i was never served and its past the statute of limitations i think. I got mail from the constable today. How can I get the court to dismiss it since i was not served and its past the statute of limitations?

Joel Gary Selik
Joel Gary Selik answered on Apr 15, 2022

Immediately file a motion to set aside the judgment.

NOTICES: There are strict time deadlines so that you must file your lawsuit in Court or take other action or be forever barred from relief.

1 Answer | Asked in Estate Planning for Nevada on
Q: State of CA In a Trust it states a distribution of $100k to an individual who is deceased. Is the amount negotiable

This individual has a wife. Do I have to pay her the 100K?

Nina Whitehurst
Nina Whitehurst answered on Apr 14, 2022

It is not possible to answer your question without reviewing the trust. Depending on how the trust is worded, that share might lapse or it might belong to the estate of the deceased beneficiary or it might go to a specifically stated contingent beneficiary. Take the trust to a trust... Read more »

1 Answer | Asked in Family Law for Nevada on
Q: I currently have joint custody. We have a MSA put in place that he has the insurance and we both pay half.

His insurance didn't work so I got Medicaid. In the past before the MSA was put in place he would refuse me taking the children to the doctor. We also have our family wizard account and now he's asking if I have Medicaid. He has a lawyer. Should I have gotten Medicaid without his... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Apr 8, 2022

The law requires that the children be insured. If the agreement was for Dad to cover the child under his insurance and he is no longer able to do that, getting Medicaid should not present a problem as you are being responsible by having the children insured.

You should both be sharing...
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1 Answer | Asked in Health Care Law and Medical Malpractice for Nevada on
Q: Why can't I or my current dentist get my dental records without a lawyer?

Dr. Navales, Absolute Dental, incorrectly implanted posts to hold a clip-on denture. Broken posts and extreme pain have been the result. I am currently spending another $10,000 for dental work in another office to be able to have a clip-on denture without constant post breakage and pain. I was... Read more »

Joel Gary Selik
Joel Gary Selik answered on Apr 7, 2022

The California Dental Association has a publication on obtaining your records:

https://www.cda.org/Portals/0/pdfs/fact_sheets/patient_records_english.pdf

Make sure the request is put in writing.

Standard Notices:

NOTICE DEADLINES: There are strict time deadlines...
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1 Answer | Asked in Divorce and Civil Litigation for Nevada on
Q: I’ve been divorced for about almost two years. Me and my ex bought a house together.

I’ve been divorced for about almost two years. Me and my ex bought a house together and she was ordered to sell or refinance within a year. She has done neither. If she sold then the profits were to be split equally. Do to the pandemic I wasn’t sure if I could have force her out in the first... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Apr 4, 2022

If the divorce decree stated that the equity of the house was to be evenly divided, she must follow the court order. Failure to do so would be contempt of court and you can file a motion with the court forcing her to abide by the decree.

2 Answers | Asked in Child Custody, Child Support and Family Law for Nevada on
Q: If a parent has been absent for 6 years and doesn’t pay child support would that be child abandonment?

If it is child abandonment, would the mother still have to petition through the courts for him to sign over his parental rights?

Bonnie M Lonardo
Bonnie M Lonardo answered on Apr 4, 2022

In Nevada, abandonment occurs after a 6 month absence from the child. However, the absence doesn't automatically amount to giving up the parental rights to the child. The mother would have to file with the court to have the rights terminated.

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2 Answers | Asked in Family Law and Child Custody for Nevada on
Q: My husband and I have had his son for 2 years can the bio mom come take him ?

Does she have the right to come from az to nv to take him from us when She's had zero contact with him

Bonnie M Lonardo
Bonnie M Lonardo answered on Apr 4, 2022

As the biological mother she will have rights. the extent of those rights will depend on the facts of the case.

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1 Answer | Asked in Personal Injury and Medical Malpractice for Nevada on
Q: a procedure i didnt ask for left me deformed on my face

i went in to have eye bag removal and face lift and woke up with some threads that are connected to my bone that cause damage to my face and i did not sign for this and was never told of this ,i have seen 2 plastic surgents that said they cant fix it .That they have never heard of this ,also that... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 3, 2022

A Nevada attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. There wasn't a question included in the post, but you may be wondering what your legal rights are. The first step in finding that out is to reach out to Nevada med mal attorneys. If a... Read more »

1 Answer | Asked in Copyright, Tax Law, Traffic Tickets and Collections for Nevada on
Q: what can i do about an collection of a insurance claim
Joel Gary Selik
Joel Gary Selik answered on Mar 27, 2022

If you could provide more details, that would assist in getting the best answer.

1 Answer | Asked in Bankruptcy for Nevada on
Q: Hi , my wife and myself are retired living on our SS and my pension, question can the bank our house if declare bankrup?

We live in Nevada

Janice Jacovino
Janice Jacovino answered on Mar 22, 2022

Good Afternoon,

As long as you are current on your home when you file Bankruptcy and remain current then the Bank will not be able to take your house because of a Bankruptcy. Bankruptcy also does not "save" your home from a Bank foreclosure unless you are repaying with a Chapter...
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1 Answer | Asked in Family Law for Nevada on
Q: Do I have to let elderly disable parents move in with me in Nevada?
Janice Jacovino
Janice Jacovino answered on Mar 22, 2022

Nevada does not require children to support and reside with their disabled parents. If you have guardianship of your parents you may have additional responsibilities.

Hope this helps.

Janice Jacovino, Esq.

1 Answer | Asked in Divorce for Nevada on
Q: If my husband and I were to divorce would I have rights to his business or commercial property if I’m not on the loan?
Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 21, 2022

Nevada is a community property state and thus any property that is acquired during the marriage, regardless of whose name is on the loan or title, can be subject to equitable division.

It is best to speak to an attorney to discuss your situation and decide what if any rights you have to...
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1 Answer | Asked in Probate for Nevada on
Q: My wifes xhusband passed. He has 2 minor children. Who gets his estate? His parents are trying to take it from them.
Dara Joy Goldsmith
Dara Joy Goldsmith answered on Mar 15, 2022

I am sorry for your children’s loss. Without more facts it impossible to answer the question. Facts needed are state of his residence at time of death, the ages of all of his children, how his assets are titled, approximate value of assets to go through probate, does he have a Will or Trust,... Read more »

1 Answer | Asked in Family Law and Child Custody for Nevada on
Q: Can I file a tpo on a parent that was arrested for assault on her court ordered week and had an outstanding warrant

She was arrested for assault on her court ordered week for premeditated assault. She brought the kids to my house pretending she had to work, told the person she was going to assault she would be back to “smash her face in” went back and assaulted her. She was arrested and had an outstanding... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 11, 2022

A TPO is filed if their fear of threat of domestic violence, harassment or stalking, workplace harassment, sexual assault or child abuse.

If you are in this situation, then you should consider filing a TPO.

1 Answer | Asked in Divorce and Civil Litigation for Nevada on
Q: If my girlfriend finances a car in her name and we break up, am I still responsible for the payments ?
Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 8, 2022

as you are not married, and the car is in your girlfriend's name only, you should not be responsible for it if you should break up.

1 Answer | Asked in Estate Planning and Probate for Nevada on
Q: A men and a woman, who are husband and wife, start a family trust. naming the womans two sons as sole beneficiarys ,

the man, who is the stepfather to the beneficarys, starts a charitable LLC. right after his wifes death. of whitch he is president and CEO. then two months before his death,he secretly amends the family trust to name his nonprofit as the sole beneficary. He removed the two blood heirs of his wife... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 8, 2022

There are way too many missing facts to answer your question. You really do need a full consultation for that.

My editorial comment here is if the wife really wanted to protect against this, then it was an estate planning failure, at least as to her share of the trust estate, because this...
Read more »

1 Answer | Asked in Divorce for Nevada on
Q: My wife kicked me out and got rid of my truck

Hi my wife kicked me out after a little over a year of marriage in the beginning of December. A few weeks later she had one of her friends call me and say he's towing my custom truck that I spent the last 10 years building out of the garage and if I don't give him money he's going to... Read more »

Bonnie M Lonardo
Bonnie M Lonardo answered on Mar 7, 2022

because you are both still married and have not filed any documents with the court (I am assuming you have not), the court will not be able to assist you with this matter at the moment as you are both still married.

I recommend you remove your truck and any other personal belongings from...
Read more »

1 Answer | Asked in Real Estate Law for Nevada on
Q: How do we change our owner financed home loan from a 5-year loan to a 30-year loan?

I purchased a home that my boss financed for me. I signed a promissory note for 5 years payment then balloon payment or get new financing. It is now due. We have reached an agreement that my boss will now do a 30year financing. How do we change the note from 5year to 30year? I know there will be a... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 3, 2022

Hire a competent NV attorney to draft a new Note and a Modification of the existing Deed of Trust. It is better for the mortgagee to keep the recording priority of his Deed of Trust as modified of record. But the old Note needs to be released.

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