Skip to main content
John D. Jones

John Jones’s Answers

79 total


  • Can my ex take my kid out of school to get home schooled and not need to involve me if we share joint legal custody.

    He has primary physical custody. I just found out he is having her home schooled by his sister. She is also living with his sister and not with him. They kept this from me for months. She finally told a family member that she and her daddy had a s...

    John’s Answer

    • Selected as best answer

    As a joint legal custodian, your ex is required to involve you in any decision regarding education. If you cannot reach an agreement, he would be required to petition the Court to change whatever the status quo was (i.e. to change schools or leave school for home schooling in this case). He would have to prove to the Court that home schooling is in the best interests of the child. This may be very difficult unless he has a detailed plan in place. The fact that he never raised it when you were in Court and did it anyway will likely anger the judge. The keeping of a secret is also a problem. My guess is that he will lose any bid to remove the child from school without your consent. You did not provide the age of the child so it is harder to analize the issue. Technically, he is in contempt of the order for joint legal custody. You should file a motion immediately. The longer you wait now that you know, the more it will look like you consented or acquiesced.

    See question 
  • My exwife filled for divorce on July 22 2011 , i caught her having an affair ,one week later i flipped out drove my truck into

    her car and pushed it through the house went to jail until April 27 2012 we have a lot of community property and two children we still have not seen a judge yet can she will not let me talk to my kids call them or write them there is no TPO can s...

    John’s Answer

    First of all, you have a lot to repair in the eyes of the Court. But the short answer is that if there is indeed not a TPO or CPS related no contact order, you should be allowed contact with your kids. I would suggest that before you petition the Court or file for divorce and seek custody rights and visitation that you at least enroll in anger management counseling and obtain an individual therapist who is on the Court approved list to help you with treatment. Then the Court will likely institute a progressive reunification plan to restore you to a normal relationship with your children.

    See question 
  • Do I get less child support if another woman files before me?

    My husband got another woman pregnant and she's due this summer. I have yet to file for child support and/or divorce but I've been told that if she files before I do, she'll get more money even though my children are older and we're still technica...

    John’s Answer

    She can't file until the child is born. What you really seem to be asking is about offsets that the Court might give for the Father's legal obligation to support others. Usually (not always and it depends on the judge) the first born will get the full amount of child support. Most judges agree that you cannot decrease your child support to your first children by continuing to fill the world with offspring. When the next child is born to another mother, the father will likely get some offset (between 50.00 and 100.00 oer month) because he is paying child support for his first born children.

    See question 
  • What age can a child choose a custodial parent in Las Vegas, Nevada?

    I am divorced 5 years, sharing joint legal/physical custody (no child support required by either parent) of our 12 year old. I'm remarried 2 years, my ex recently remarried. I am a physician and my husband is going to medical school next year in ...

    John’s Answer

    Any time the "wishes of the child" are going to be considered, the expression of a choice must be an "intelligent" one. This means that there has to be a meaningful reason given. Teenagers do not always make choices that are in their best interests. So if your daughter wishes to move with you, she has to be able to tell the Court, a Guardian ad litem, or achild interviewer why, and the reason has to be persuasive to the Court. Your relocation case is a difficult one due to the fact that he is available to care for her all of the time and in the new state, you will be less available due to your work. Separating a child from their school and friends is a very difficult thing to convince a Court to do. Also, Nevada has a medical school, so the reason for the relocation might not be persuasive to the Court. In order to grant your relocation, the Court would have to find that it is better for your daughter to be with you as the primary parent in the other state than remain here in Nevada with him as the primary parent. Obviously more facts would be needed for a full evaluation of the merits of a relocation, but if you are counting on your daughters statement that she would prefer to move with you to carry the day, I would reconsidering attempting to relocate.

    See question 
  • Any advice on post decree discovery or where I can find the law for this?

    I have been advised to file a Motion for Post Decree Discovery after our custody case. I'm looking for the records to prove perjury (bank statement) and drug/alcohol eval for a 2nd DUI days after our decree was entered. I'm doing this on my own ...

    John’s Answer

    The issue of post judgment discovery is covered in NRCP 16.21. You must get Court permission to conduct discovery. You may consider submitting an affidavit to the Court giving all of the reasons you want to conduct the discovery and all of the things you believe you can prove. Along witht he affidavit you could submit an ex parte order for post judgment discovery. If the Court will not do it ex parte, then a motion will need to be filed and the matter argued at hearing. As far as the DUI is concerned, you should be able to find some record on the Clark County Courts website. https://www.clarkcountycourts.us/Anonymous/default.aspx.

    See question 
  • TRYING TO UNDERSTAND WHETHER THE TIMES I HAVE THE CHILDREN QUALIFY FOR JOINT PHYSICAL CUSTODY. WITH ME THUR-SUN, SPOUSE SUN-THUR

    I HAVE THE CHILDREN ON THURSDAY AFTER SCHOOL EACH WEEK AFTER 2PM. SPOUSE PICKS UP THE KIDS ON SUNDAY AROUND 8AM. THE COURT RULED I DID NOT HAVE THE KIDS THE MIN AMOUNT OF TIME NEEDED FOR JPC. THE COURT STATED THAT I NEEDED TO PICK UP THE KIDS AT 9...

    John’s Answer

    I think you may be misreading or reading too much into Rivero. It is a very complicated decision about which every Judge has his or her own opinion and interpretation. The Judge ruled that basically, you have less than 3 days per week. Frankly the Judge may be right. Thursday after school until Sunday morning is less than 3 days. Even if the school time was not counted, your parenting responsibility would not reach 40%. Your argument that the school would call you if the child was sick or hurt on Thursday and Friday is a good one, and may work. Is there a reason that the kids are not with you until later on Sunday? Does the change in custodial designation significantly effect child support. Is the real issue here the amount of support paid? What is the time share when school is out in the summer? There are a lot of blanks that need to be filled in.What in fact, is your work schedule versus hers?

    See question 
  • I have joint custody and i have to relocate what can i do ?

    my ex n i have joint custody i have physical primary custody of our two girls, i got this great job offer in gilbert, az , its a great way to start a great career. i have done research of gilbert from what i found out its one of the greatest top 5...

    John’s Answer

    Because you have joint custody, the Court will base its decision on whether it is better for the girls to be with you as the primary parent in AZ, or with him as the primary parent in NV. While the facts that you have given, such as his failure to pay support, there is not enough information to know the likelihood of success. If the job really is a significant step up and if he provides no support, that will go a long way to winning your case. You can look at Potter v. Potter which is the controlling Nevada case for joint custody relocation for more guidance.

    See question 
  • Spousal abuse enter into divorce cases regarding alimony in California and/or Nevada?

    I was abused for many years in my marriage, but never reported. But my husband called the police on me once and I was arrested and charged with attempted second degree murder, the case was dismissed, but is still on record, can this affect my abil...

    John’s Answer

    Both states are no fault states. Therefore, whether you were a good wife, or even a good person should not enter into the consideration. If the trial was on financial issues alone, the Court should not even allow a discussion of the Domestic Violence issue. Nevada used to have as one of the considerations for alimony, "the relative merits of the parties", but this was later removed.

    See question 
  • Is it better to see a divorce and seek alimony in California or Nevada?

    I am 61, married for 27 years to the same man, a housewife, and am seeking spousal support?

    John’s Answer

    While I am a Nevada attorney, I have had many cases involving NV and CA issues. My experience and the insight I have obtained from my many California colleagues as well as the experience I have in Nevada regarding alimony, is that California is a far more favorable venue. I would contact a California attorney in the county in which your husband resides.

    See question 
  • I'm the custodial parent, but owe back child support, what if any are my rights to have this reduced or eliminated?

    I have custody of my child, however his birth mother used state assistance until being sent to jail. I am now paying back owed child support; however I have had my child since before he was a year old. What options do I have to reduce or eliminate...

    John’s Answer

    You need to file a motion either in family Court or with the District attorney's office so that they know you have had custody. It is unlikely that they will modify your obligation retroactively, so you must file immediately. There is not enough information in your question to know the economic viability of hiring a lawyer.

    See question