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.

NEVADA SUPREME COURT CLARIFIES ROLE OF FAMILY COURT

The Nevada Supreme Court has clarified the powers of Judges serving in Clark County Family Court.  In Landreth v. Malik, the Court held that Judges serving in family court have power equal to Judges serving in the general District Court.  Family Court Judges, by way of serving in Family Court, are the only District Court Judges authorized to hear legal matters dealing with domestic relations.


This decision, which was not unanimous, will likely create confusion and initial dispute as to what types of matters may be brought within the Clark County Family Court.

NEVADA CHILD VISITATION ORDERS ARE ENFORCEABLE

During this time of year many people contact the Ciciliano Law Office because they are concerned they will not received their ordered summer child visitation.  Nevada child visitation orders are fully enforceable.  If the other parent of your child is refusing you your ordered visitation, then contact a Las Vegas child custody attorney today.


Our office will start any new Las Vegas child custody matter for $500 down.

NEVADA FATHERS RIGHTS WIN

Our office won a Nevada father temporary joint physical custody of his daughter on May 19th, 2011.  Judge Cynthia Giuliani ordered that our Client would be able to pick up the minor child today due to the mother's having withheld the child since January of 2011.  As we have previously reported, the rights of a Nevada father are considered as being equal to those of a mother.

Contact our office immediately if you require the assistance of a Las Vegas fathers' rights attorney.  Our office will begin any child custody matter for $500 down.

LAS VEGAS FATHERS RIGHTS WIN

The Ciciliano Law Office won a Nevada fathers' rights victory on April 25th, 2011. District Court Judge Gayle Nathan awarded a Las Vegas father primary custody due to the mother's involvement of the child in litigation as well as the mother's drug use.

Our Client will now have primary physical custody of the child with the mother receiving weekend visitation.  Nevada recognizes the rights of a father as being equal to those of a mother and will award primary custody to a father when it is in the minor child's best interests.

Our office will start any Las Vegas child custody matter for $500 down.

NEVADA CHILD CUSTODY WIN

The Ciciliano Law Office won temporary joint custody for a Las Vegas father on April 13th, 2011.  Judge Cynthia Giuliani ordered that the mother and father would share temporary joint physical custody pending an evidentiary hearing.  The Judge also ordered the mother to pay child support to the father.  The prior Order had required the father to pay support to the mother.


Changing child custody in Nevada requires showing that: 1) circumstances have changed since the last custodial order; and 2) that a change of custody be in the child's best interests.  When determining what is in a child's best interests, fathers' rights in Nevada are viewed as equal to those of a mother.


Contact the Ciciliano Law Office today to schedule your consultation.

NEVADA FATHER WINS CHILD CUSTODY

The Ciciliano Law Office won custody for a Las Vegas father on April 5th, 2011.  In a case where the child's mother was allowing drug use by the child, District Court Judge Gayle Nathan awarded the father primary custody, ordered drug testing of the child and the mother, and is permitting the father to get the child into counseling.


Many Las Vegas fathers worry that they do not have rights to their child.  As we have previously discussed, Fathers' rights in Nevada are equal to those of a mother.  The Ciciliano Law Office has won many cases on behalf of fathers.  Contact the Ciciliano Law Office if you require the services of a Las Vegas fathers' rights lawyer.  We will start any Nevada child custody matter for $500 down.

ADJUSTING NEVADA CHILD SUPPORT

Many individuals inquire as to how their Nevada child support can be adjusted.  Under Nevada law, child support may be reviewed every three years.  Also, if the paying Parties' gross monthly income has changed by twenty percent or more then the Court will be willing to re-address the issue of child support.  Support will be set at eighteen percent of gross monthly income for one child, twenty-five percent of gross monthly income for two children, and twenty-nine percent of gross monthly income for three children.


The aforementioned child support calculations are made within certain caps.  Nevada's child support caps will adjust on July 1st, 2011.  While support is based upon gross, and not net, monthly income, Court's will allow typically allow for reductions if you support other children.


Contact the Ciciliano Law Office if you require the assistance of a Las Vegas child support lawyer.  Our office will start any family law matter for $500 down.

UNCONTESTED NEVADA DIVORCE

Many Nevadans wish to divorce and already agree on the terms.  In such a situation, it is a waste of time and money for both sides to hire competing attorneys and go through the litigation process.  The Ciciliano Law Office can complete an most uncontested Nevada divorces for $500 plus court costs.  The uncontested process can typically be completed within 7-10 days.


A Las Vegas uncontested divorce case begins by filing a "Joint Petition" for divorce.  The Joint Petition and corresponding divorce decree are then sent to the Court for signature.  As mentioned above, this process can typically be completed within a few weeks.  All divorce issues, including child custody, can be completed through this process.


It is important to note that the Parties must agree on all issues to be eligible for the uncontested divorce process. If the Parties have any disagreements then they must complete a contested Nevada divorce.  Contact the Ciciliano Law Office if you require a Las Vegas uncontested divorce lawyer.

ESTABLISHING NEVADA PATERNITY

Many Nevada fathers feel they have no rights because they are not on their child's birth certificate.  Nevada law allows for the establishment of paternity and custody to be made in the same case.  The first step in this situation is to file a Motion for Establishment of Paternity and Custody.  At the initial Motion hearing, the Court will order paternity testing.  If the paternity test establishes that you are, indeed, the father then a second hearing will be held where the Court will establish custody and visitation.


If the mother in a Nevada paternity case attempts to dispute paternity, and you are proven to be the father, then the mother can be held responsible for a portion of your attorney's fees. Custody and visitation will be established as in any other Nevada child custody case.


The Ciciliano Law Office has successfully handled numerous Nevada paternity matters. Contact the Ciciliano Law Office if you require the services of a Las Vegas paternity lawyer. Our office will start any new paternity matter for $500 down.

FATHERS' RIGHTS IN CUSTODY CASES

We have previously discussed that Nevada fathers have equal rights in child custody cases. For a parent to gain primary custody, he or she must show that joint custody is not in the best interests of the child or children.  In determining whether joint custody is in a child's best interests, the Court will consider factors such as:

• The historical parent-child relationship
• The needs of the child
• The mental and physical health of the parents
• The source of conflict between the parents
• Any history of domestic violence between the parents

Nevada Courts are increasingly awarding joint custody to Nevada fathers.  Contact us today if you require the services of a Las Vegas fathers' rights lawyer.  Our office will start any new family law matter for $500 down.

NEW NEVADA CHILD SUPPORT LIMITS AS OF JULY 1, 2011

Child support in Nevada is based upon the paying Parent's gross monthly income.  In a case where the mother has primary custody, the father will pay 18 percent of his gross monthly income for one child, 25 percent for two children, and 29 percent for three children.  These amounts, however, are capped at certain amounts for different income ranges.  Pursuant to N.R.S. 125B.070, these caps adjust annually for inflation. Effective, July 1st, 2011, the statutory caps will be as follows:

Gross Monthly Income	Capped Child Support Amount
$0 - $4,235	$630
$4,235 - $6,351	$693
$6,351 - $8,467	$758
$8,467 - $10,585	$819
$10,585 - $12,701	$883
$12,701 - $14,816	$945
$14,816 - No Limit	$1,010

It must be stressed that child support is based on your gross monthly income.  The Court will not consider your personal expenses as a reason to reduce Nevada child support.  The Court will, however, possibly give you a reduction if you support other children or carry health insurance for your child.


Contact the Ciciliano Law Office today to gain the assistance of a Las Vegas fathers' rights attorney to deal with your Las Vegas child support matter.

HOW TO CHANGE CHILD CUSTODY IN NEVADA

Nevada Fathers are often unsure as to whether they can gain custody of their child when the mother already has primary custody.  Pursuant to Ellis v. Carucci, a father can change existing custody if 1) there has been a change of circumstances since the last custody order; and 2) a change of custody is in the best interests of the child.  


The Ellis standard for changed circumstances can be met by showing a major change, such as drug addiction, or by showing a collection of several smaller changed facts. When determining what is in the "best interests of the child," the Court must consider facts such as:

• The nature of the relationship between parent and child.
• The ability of a parent to meet the child's needs.
• Which parent is more likely to cooperate with the other.
• Maintaining a relationship between the child and his or her siblings.
• The mental and physical health of the Parents.
• Any history of domestic violence between the Parties.

When applying the Ellis test, Nevada Courts may not favor either parent because of gender. This is because a father's rights in Nevada are equal to those of a mother.


Contact the Ciciliano Law Office today if you require a Las Vegas fathers' rights lawyer. Our office will start any new family law matter for $500 down.

CICILIANO LAW OFFICE TO TEST NEVADA LAW REGARDING AWARDS OF ATTORNEY'S FEES

The Ciciliano Law Office will be filing in the Nevada Supreme Court to test our state law regarding awards of attorney's fees in divorce actions.  N.R.S. 125.040 allows a Court to award attorney's fees early in a Nevada divorce case so that the two sides will be on equal footings.  Such awards are typically made pursuant to case known as Sargeant v. Sargeant. The principle of Sargeant is that if spouse A makes more than spouse B, then spouse A should assist B with a payment for attorney's fees so B can continue to litigate.


Our office will be filing shortly to restrict the circumstances under which a Court may award fees pursuant to Sargeant.  Given that husbands in a marriage typically earn more than their spouses, this Supreme Court action will potentially have an impact upon fathers' rights in Nevada.