Child Support Attorneys

Helping you get the Right Support

 

Child Custody / Child Support Issues in Las Vegas

Thank you for visiting My Las Vegas Family Law Attorney.  If you are having disputes with your ex-spouse regarding Child Custody issues, call us immediately.  We focus primarily on Child Custody and Child Support issues.  Additionally, you can visit our Why hire us page to see what separates us from the other Family Law attorneys in and around Las Vegas.

At the Family Law Offices of “insert attorney name” in Las Vegas we will guide you through reaching the best agreement regarding your children.  We will keep you informed all the way.   

Child Support and Custody Overview

  • Nevada courts consider the best interest of the child when determining child custody.
  • There is no preference of mother or father when making this decision.
  • A parent deemed unfit will not be considered as custodian for the child.

Child Custody

  • When the court determines custody arrangements, it considers the child’s best interests first.
  • It is best if the parents agree on child custody and visitation issues.  If they do not, the court requires them to attend the court’s Family Mediation Center.
  • The attorneys do not attend mediation.
  • The parents must develop a Parenting Plan which details legal and physical custody plus visitation schedules.
  • The parents can use a private mediator if they desire.
  • If they cannot come up with a Parenting Plan after seeing a mediator, the court might request them to see a psychologist for assessment of any conflicts they might still have.
  • Private Mediation
    • All issues can be discussed – not just custody issues
    • If agreement is reached, court will not be necessary
    • Attorneys can attend
    • Takes less time to schedule
    • There is a cost

Custody Types

  • Nevada courts usually award joint legal custody.
    • Parents share physical custody of the children.
    • The children have equal time with each parent.
    • Must file an Affidavit of Financial Condition which summarizes your incomes, debts, assets, monthly obligations.
    • The parents make major decisions together:
      • Health care
      • Education
      • Religion
  • Shared physical custody/ Primary physical custody
    • Children spend equal time with each parent.
    • One parent could receive primary physical custody
      • Have more time with the children
    • If agreement cannot be reached regarding primary physical custody, a hearing will be held to determine who would be best.
  • Sole legal custody
    • Very rare in Las Vegas.
    • Only awarded if a parent is:
      • Unfit
      • Has no involvement with the child
      • Is a felon
      • Abusive, violent

Mandatory Class

  • The court requires the parents to attend a Coping with Divorce class before the divorce will be finalized.
  • All issues regarding the children must be resolved.
  • If no agreement is reached, the court will resolve the issues for you.

Visitation

  • Visitation is awarded to the non-custodial parent.
  • This assures that the children will continue to have maximum contact with both parents.
  • The court takes into consideration the history of each parent when determining visitation rights:
    • Has the parent been convicted of a criminal offense against a minor?
    • Abusive?
    • Violent?
  • A grandparent can also be awarded visitation rights by the court.
    • Granted only if in the best interest of the children.
    • The children and grandparent have a good relationship already.

Relocation

  • A move cannot take place without the permission of the court first.
  • The court will determine if the move is in the best interest of the children:
    • Why does the parent want to move?
    • Will the move improve the children’s lives?
    • Has the custodial parent been complying with the visitation orders?
    • Can long-distance visits be adequate?
  • It is considered a felony if you leave the state without getting the permission of the court to do so.

Las Vegas Child Support

  • The court will order child support payments in shared physical or primary physical custody cases.
  • Regulated according to the Nevada Revised Statutes Chapter 125.
  • Guidelines are revised each year which are in effect from July 1 until June 30.
  • It is calculated using the gross monthly incomes from both parents.
  • The amount depends on the number of children involved:
    • 1 child:                   18%
    • 2 children:               25%
    • 3 children:               29%
    • 4 children:               33%
    • Additional:  2%      
  • The type of physical custody, either joint or primary, is taken into consideration also.
  • In Nevada, if you request financial relief, you must file an Affidavit of Financial Condition.
    • Financial statement which details your income, monthly obligations, debts and assets.
  • The court can increase or decrease child support payments by taking the following into consideration:
    • Number of children involved
    • Who pays for medical insurance
    • Special needs of the children
    • Child care
    • Etc.

Conclusion
Divorce is a stressful time for you and your family.  Call us at the Family Law Offices of “insert attorney name” in Las Vegas.  Your children are our primary concern and we will fight for their rights.

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