NEVADA GRANDPARENTS' RIGHTS

Many grandparents are often concerned about losing contact with their grandchildren. This situation typically arises after the death of a grandchild's parent, divorce of the grandchild's parents, or the termination of the rights of a grandchild's parent.  Nevada law, however, allows for Nevada grandparents to maintain contact with their grandchildren under certain circumstances.

If grandparents are being denied contact with their grandchildren, then they may petition the Court for visitation. N.R.S. 125C.050 allows for visitation for non-parents. A grandparent may receive visitation if the child's parent has died or has had his or her rights terminated. In order to establish visitation the grandparents must show that the remaining parent has: 1) unreasonably restricted visitation between the grandparents and the grandchild; and 2) that it is in the best interests of the child to have visitation with the grandparents. When determining if grandparent visitation is in the grandchild's best interests, the Nevada Family Court must consider factors such as:

• The past relationship between grandparent and grandchild
• The ability of the grandparent to provide care for the grandchild
• The moral fitness of the grandparent
• The mental and physical health of the grandparent
• Whether the grandparent has ever supported the grandchild

Again, these are just some of the factors that the Nevada Family Court will consider when determining if grandparents should receive rights to visitation.

It is important to note that a presumption will apply against the grandparents seeking visitation. Nevada law has a "parental preference." In other words, Nevada Family Court Judges must presume that a parent is acting in a child's best interests by restricting visitation. The grandparents can overcome this presumption, and establish visitation, if they show it is in the grandchild's best interests. This presumption means that each case will begin with the Judge believing that the grandparents should not have visitation.

If you are a Nevada grandparent attempting to establish visitation with your grandchildren, then contact a Las Vegas grandparent's rights lawyer today.

CALCULATING CHILD SUPPORT IN NEVADA

Nevada determines child support by calculating percentages of the parents' incomes.  The calculation of Nevada child support is different if the parties have joint custody or if one party has primary custody.  As we have previously discussed, there are also statutory caps that are employed towards Nevada child support.


If one party has primary custody then child support is purely a percentage of the non-custodial parent's income.  If the parties have one child then child support will be eighteen percent of the non-custodial parent's income.  This amount increases to twenty-five percent for two children and twenty-nine percent for three children.  These amounts are calculated purely on gross income; the expenses of the paying parent are generally not considered by the Court.


If the parties share joint custody of the children then Nevada will offset the parties income.  In other words, the Court will calculate child support for both parents and the party with a higher obligation will pay the difference between the two calculations.  For example, if the parties have one child and eighteen percent of parent A's income is $1,000 per month, and eighteen percent of parent B's income is $700 per month, then parent A will pay parent B $300 per month (the difference between the two numbers).  This calculation was created by the Nevada Supreme Court in the Wright v. Osborne decision.


Child support may be adjusted every three years or if one of the Parties' income changes by twenty percent.  Also, if there is a change in Nevada child custody, then child support will be recalculated as part of the custody change.

CHILD CUSTODY WIN FOR LAS VEGAS FATHER

Our office won a Nevada father temporary primary custody of his child on July 24th, 2011.  In a case where the mother is believed to be engaging in heavy drug use, District Court Judge Kenneth Pollock ordered that the mother's visitation shall be suspended until she can demonstrate to the Court that she is drug free.  The mother must also pay the father child support.

As we have previously reported, the rights of a Nevada father are equal to those of a mother.  This means that the Court must begin each case with the presumption that custody should be equally shared between the Parties. The Court, however, may award a Party primary custody if it is in the best interests of the child.  When determining what is in a child's best interests, the Court will consider factors such as:

• The needs of the child
• The ability of a parent to meet a child's needs

It goes without saying that a mother engaging in extensive drug use is likely unable to meet the needs of a child.  For this reason, demonstrated drug use will regularly lead to one parent having primary custody.  A Court, however, will not order drug testing simply because one party requests.  The Party requesting a drug test, of the other Party, must demonstrate a reason to believe that drug use is occurring.

When supervised visitation is ordered in a Clark County, Nevada child custody case, it will be held either at Donna's House (which is located at the Clark County Family Courthouse) or with a third-party supervisor.

Contact our office if you require the services of a Las Vegas child custody attorney.

NEVADA DIVORCE WIN

The Ciciliano Law Office recently won many issues in a Nevada divorce case.  In a case where the mother requested primary custody of the minor children and spousal support, District Court Judge Duckworth awarded our Client (the father) joint custody of the children and spousal support that was far less than what the mother requested.


As we have previously discussed, the rights of a Nevada father are considered equal to those of a mother.  Because of this, District Court Judges must begin each case with the presumption that custody should be shared.  It is the burden of the party requesting primary custody (in this case the mother) to show the Court that joint custody is not in the best interests of the children.  Factors the Court will consider, when determining what is in the children's best interests, include:

• Which parent will ensure that the children maintain a relationship with the non-custodial parent.
• The level of cooperation between the parents.
• The needs of the children.
• Maintaining a relationship between the children and their siblings.
• Whether there is a history of domestic violence between the parties.
• The historical relationship between parents and children.

Again, the Court will begin each case with a presumption that custody should be shared.


Contact our office today if you require the services of a Las Vegas divorce lawyer.  Our office will begin any new family law matter for $500 down.

SHARED CUSTODY FOR NEVADA FATHER

The Ciciliano Law Office gained a father joint custody of his daughter on July 18th, 2011.  In a case where the mother was requesting primary custody, the father will now enjoy shared custody.  We also gained the father a reduction in his child support due to his having to pay support for other children.  


Furthermore, our Client gained an additional child support reduction on the basis of his providing transportation for child exchanges.


Nevada law presumes that parents should share custody of their children.  Contact the Ciciliano Law Office if you require the services of a Las Vegas fathers' rights lawyer.  We will start any new family law matter for $500 down!

NEVADA FATHER WINS CHILD CUSTODY CASE

Our office won a Nevada father joint physical custody of his daughter on July 5th, 2011.  In a case where the mother was requesting primary custody, Judge Giuliani found that it was in the child's best interests for custody to be joint.  Another hearing will be held on August 31st, 2011 to determine if the mother must pay our Client's attorney's fees.

As we have previously reported, Clark County Family Court Judges are increasingly granting joint physical custody in Nevada child custody cases.  Nevada law assumes that the rights of a Las Vegas father are equal to those of a mother.

Contact our office if you require a Las Vegas father's rights lawyer.  Our office will start any new matter for $500 down.

NEVADA JUDGES ARE INCREASINGLY AWARDING JOINT CHILD CUSTODY

The Ciciliano Law Office has noticed an increased tendency of local Judges to award joint physical custody in Nevada child custody matters.  While a father's rights in Nevada have always been considered equal to a mother's from a legal standpoint, as a practical matter the amount of the time in which joint custody is awarded has increased dramatically.

Many Nevada fathers often feel they have "no rights" in regards to their children.  The Ciciliano Law Office has won custody for fathers as well as mothers.  Our office will start any new child custody matter for $500 down!  Contact us today to speak with a Las Vegas fathers' rights attorney.