Relocating With Your Child in Nevada

Need to Relocate with Your Child, Take the First Step.

A parent seeking to relocate their child can be a strenuous process in an already difficult child custody situation. Relocation means more than just moving across town. Nevada law believes relocation to be moving the child outside of Reno to a location that would substantially interfere with the other parent’s ability to visit the child. This relocation could either be completely out of the state of Nevada, or to a place far away from Reno but still in Nevada. Regardless of the new location, a parent should understand how they go about moving with their child.

What Nevada Law Says About Relocating with a Child After Divorce

  • Under Nevada Law, a relocating parent with primary physical custody must attain written permission from the other parent before the relocating parent and child move. If the other parent won’t consent to the relocation, then the relocating parent must go to the court to get permission to move.
  • If the relocating parent shares joint custody of the child, they must first motion to the court to attain primary physical custody, and then they will have to ask for permission to relocate their child.
  • The Nevada court strongly believes that a parent must attempt to get the non-relocating parent’s permission to move their child before relocating.
  • When the court must decide whether to grant a parent’s request to move their child, they will consider what is in the best interest of the child.

The Steps a Parent Should Take

  • Pursuant to NRS 125C.006, a parent with primary custodial care of their child must first try to get written consent from the noncustodial parent to relocate the child. If noncustodial parent refuses to give consent, the custodial parent can petition the court to relocate the child with a motion to relocate.
  • When the parent has joint physical custody, NRS 125C.0065 states that the relocating parent should first try to get written consent from the non-relocating parent to move their child. If the non-relocating parent does not consent, the relocating parent should petition the court for primary physical custody for the purpose of relocating.

Motion to Relocate

  • A motion to relocate can be filed by parents who wish to relocate their children when the non-relocating parent refuses to consent to the relocation.
  • The courts will review the motion at a hearing. During this hearing, they will consider the following factors:
    1. The relocating parent must show that:
      • there is a sensible, good faith reason to move and the move is not meant to prevent the non-relocating parent from having parenting time with the child
      • the relocation is in the best interest of the child
      • the relocation will be beneficial to the child and the relocating parent
    2. The court will also look at:
      • the quality of life for the child at the new location
      • the educational opportunities for the child at the new location
      • the ability of the extended family to support the child at the current and new location
      • the impact the relocation will have on the non-relocating parent’s parenting time

Why You Should Hire a Family Law Attorney

While you may have numerous valid reasons for wanting to relocate your child, the Nevada child custody laws can make it difficult to actually have the freedom to relocate as you wish. A family law attorney can help you simplify and understand the child’s relocation process. Call Carlson & Work today at 775-298-6403. to talk to top family lawyers about relocating your child.

Physical Custody

Child Custody and Visitation > Physical Custody

Physical Custody 

Parents will either share joint physical custody of the children, or one parent may be awarded primary or sole physical custody.

Joint Physical Custody

Parties who share joint physical custody each have custody of the children approximately half the time.  Typically, courts in Nevada will still consider a custody schedule to be joint physical custody even if the time division isn’t perfectly 50/50. Usually, joint physical custody is extended up to approximately a 60/40 split in time.  Joint physical custody is typically the standard arrangement unless the Nevada Best Interest Factors warrant otherwise.

 

Primary Physical Custody

Sometimes one parent can be awarded primary physical custody if it is in the best interests of the children.  The Nevada Best Interest Factors are spelled out under NRS125C.0035(4).  According to the statute, the Court weighs the following factors in determining the best interests of the children:

  • the child’s ability to maintain contact with siblings
  • the mental and physical health of both parents
  • the child’s physical and emotional needs
  • any history of abuse
  • the child’s wishes, if the child is of sufficient age and intelligence to decide
  • the child’s relationship with each parent
  • the level of conflict between the parents
  • whether either parent has committed an act of abduction against the child or any other child
  • each parent’s willingness to encourage a relationship between the child and the co-parent

A parent is typically considered to have primary physical custody if the children are with them more than 60% of the time. Some parents may be awarded sole physical custody, meaning the other parent has little to no visitation, under extenuating circumstances.

Custody Schedule

Parents can determine a custody schedule that works best for their children. This may include week-on/week-off, 3/4/4/3, or 1st-3rd-5th weekends. Carlson & Work can help you explore different custody schedules that comply with joint or primary custody and serve the best interests of the children in promoting stability and preserving their ability to participate in extracurricular activities.

 

Contact Carlson & Work Today!

Receiving a Court order establishing child custody and visitation can benefit families because it creates a custody schedule for children that both parents must adhere to. Carlson & Work provides representation for parties filing for child custody.

Child Support

Child Custody and Visitation > Child Support

Child Support

Child support is determined in Nevada pursuant to NAC 425.140.  Once parties determine a visitation schedule, the Court will set the amount of child support based on which parent the children spend more time with, how many children the parties share, and how much income the parties make.

Child Support Amount

NAC 425.140 sets child support for one child at 16% of the parties’ income, two children at 22% of the parties’ income, three children at 26% of the parties’ income, and so on.  The way child support is awarded will vary based on whether or not the parents share joint physical custody or one parent has primary physical custody.  An attorney at Carlson & Work can assist you in calculating the proper child support obligation based on the custody and visitation schedule as well as the number of children and your income.

 

Legal Custody

Legal custody pertains to major life decisions surrounding the children such as medical or educational choices.  Parents typically share joint legal custody of children even if one parent sees the children more often than the other, but sometimes the Court will award sole legal custody to a parent based on certain circumstances.  When parents ordered to share legal custody have a dispute about a decision regarding their children, parents can ask the Court to decide in their favor.

Deviations

Sometimes the amount of child support can be adjusted based on deviations. Deviations are child-related expenses paid by either parent that can offset the child support obligation, or increase the child support obligation for the other party.

 

Wage Garnishment

Child support can sometimes be subject to wage garnishment. This means that the party with the child support obligation will have the payment deducted directly from their paycheck, and the funds will be sent immediately to the other party.

 

Contact Carlson & Work Today!

Carlson & Work can assist your family in determining the proper child support obligation based on Nevada law. Call 775-298-6403.

Uncontested Divorce

Divorce Law > Uncontested Divorce

Uncontested Divorces In Reno, Nevada

Uncontested divorces are often the preference for parties who can agree on all matters as it relates to finance, custody, and division of assets. However, there is often a dispute about how one of these items should be divided through a divorce. If you are considering an uncontested divorce, Carlson & Work is able to walk you step by step through the process.

Uncontested Divorce with Children

Carlson & Work can assist you with filing an uncontested joint petition for divorce.  Divorcing parties with children can file a joint petition when all of the terms of the divorce are uncontested.  That means that both parties agree on how they will divide all assets and debts.  Parties who file an uncontested joint petition can avoid going to Court and can get divorced quickly.  When filing an uncontested divorce with children, the parties must also agree on the child custody and visitation schedule as well as the child support amount.  Some parties make agreements to waive child support or choose an amount that works better for their family than Nevada law would require, but this requires permission from the Court that an attorney at Carlson & Work can assist with getting granted.  Carlson & Work can help you file your joint petition by negotiating settlement terms including property division, child custody, and support.

Uncontested Divorce without Children

Carlson & Work can assist you with filing an uncontested joint petition for divorce.  Divorcing parties can file a joint petition when all of the terms of the divorce are uncontested.  That means that both parties agree on how they will divide all assets and debts.  Parties who file an uncontested joint petition can avoid going to Court and can get divorced quickly.  Parties may have sole and community property pursuant to NRS Chapter 123.  Carlson & Work can help you review assets and debts acquired before and during marriage to determine a settlement agreement between divorcing spouses.  Parties can also determine if spousal support should be awarded and include that in their divorce agreement.

Divorce Without Children

Divorce Law > Divorce Without Children

Your Case. Our Fight.

Carlson & Work is here to assist you with navigating your divorce under Nevada law.  During divorce litigation in Nevada, the Court will divide the parties’ assets and debts pursuant to NRS Chapter 123. Do not go through a complex divorce alone, contact Carlson & Work today. We will walk through all the options

Community Property Laws in Nevada

Pursuant to NRS 123.220, property acquired by a couple after the date of marriage is community property, subject to some exceptions.  Some parties may receive a spousal support award depending on the length of marriage and disparity in income.  A divorce attorney at Carlson & Work can aid with analyzing sole and community property to ensure the Court recognizes the proper division of assets during your divorce.

Contact Carlson & Work Today

The complexity of family law and the family court can be overwhelming. If you need assistance, please do not hesitate to reach out to Carlson & Work today. We will take the time to walk you through the process and access likely outcomes. At every turn, we will be working hard by your side. Call 775-298-6403.

Divorce With Children

Divorce Law > Divorce With Children

Retain Reno’s Top Rated Divorce Firm Today

Carlson & Work is here to assist your family with navigating a divorce with children.  When litigating a divorce with children, the Court will divide the parties’ assets and debts in addition to ordering a custody and visitation schedule for the children.

Nevada Divorce and Community Property Law

Pursuant to NRS 123.220, property acquired by a couple after the date of marriage is community property, subject to some exceptions.

Pursuant to NRS 125C.0035(4), child custody is determined by analyzing the best interest of the children.

Factors Determined By The Court

When parties with children divorce, the Court will determine child support upon confirming the child custody and visitation schedule.  Carlson & Work represents parties divorcing with children and assists with determining sole and community property as well as arguing the best interests of the children under Nevada law.

NRSc.0035 states that the family court should consider the following when addressing the best interest of the child:

  • the child’s ability to maintain contact with siblings
  • the mental and physical health of both parents
  • the child’s physical and emotional needs
  • any history of abuse
  • the child’s wishes, if the child is of sufficient age and intelligence to decide
  • the child’s relationship with each parent
  • the level of conflict between the parents
  • whether either parent has committed an act of abduction against the child or any other child
  • each parent’s willingness to encourage a relationship between the child and the co-parent

If you need assistance navigating through the complexities of a divorce, please contact Carlson & Work today!

Property Division in a Nevada Divorce

How Property Division in Nevada Works

The diving up of property is a frequent concern during Nevada divorce proceedings. Nevada is considered a community property state, meaning that a judge will equally divide a couple’s property in a divorce. A court will intervene in the undertaking of property division if a couple cannot come to an agreement on how to split up their property. Throughout the process, the court will maintain the state standard of dividing the property equally among the couple by following these key principles.

Types of Property

Property is categorized as being either community or separate in court. Community property is all property acquired after marriage. Separate property is all property acquired before marriage or clearly gifted to one spouse. Typically, only community property is (equally) divided during a divorce. Separate property tends to be retained by the spouse who initially acquired it.

Common Community Property

Community property involves a long list of commodities in Nevada, including income, homes, cars, businesses, debts, 401(k) accounts, and virtually any other form of real property acquired by the spouses after marriage.

Dividing Community Property

A judge will distribute community property on the basis of several factors, including:

  • the income of each spouse
  • the financial resources of each spouse
  • the age of each spouse
  • the mental and physical health of each spouse

While many factors are taken into consideration by a judge when dividing up a couple’s property, the issue of which spouse broke up the marriage will not be taken into account during the process.

The division of property in Nevada divorces can quickly become complicated, which is why it is important to obtain the help of qualified and committed divorce attorneys. If you need assistance with resolving a divorce, please call Carlson & Work at 775-298-6403.

 

Child Custody in Nevada

Navigating the Child Custody Process in Nevada

Plenty of couples can agree that a divorce can be a grueling process that leaves the children of the terminated marriage emotionally distressed. Throughout a divorce, many questions can arise regarding how to best resolve the matter of child custody. As it can be an overwhelming and stressful process, it is important to remember some key points regarding child custody in Nevada.

The Court’s Role

Custody of the child should be decided by the parents, however, if they cannot make a decision, the court will intervene. The court makes the decision of who shall receive custody based on the best interests of the child (NRS 125C.0035). A judge has the ability to grant “teenage discretion” when the child in the custody case is of teenage age. This allows the child to make requests about the custody decision that will be considered by the court.

Types of Child Custody

There are two types of custody that the judge will grant to the parents. The first is legal custody, which involves which parent will make decisions for the child. The second type of custody is physical custody, which entails who the child will live with.

Kinds of Child Custody

The courts will either grant joint custody or sole custody. Joint custody allows each parent to have equal legal and physical custody of the child. Sole custody grants total legal and physical custody of the child to one parent.

Factors Considered by the Court

Judges take an extensive list of factors into account when determining the custody of a child. A few that are considered include:

    • Which parent has been the primary caregiver for the child
    • The ability of the parent to meet the child’s needs
    • The parent’s mental and physical health
    • The emotional, developmental, and physical needs of the child

Carlson & Work has helped many clients resolve child custody issues. When you need assistance in attaining custody of your child(ren), call Carlson & Work at 775-298-6403.

Writing the Guardianship of Children in a Will

How can you Make a Will Legally Binding Involving Custody of Children?

Who would take care of my children if I were to pass away? This can be a very hard question to think about as a parent, but it is a very important one to ask. To prevent the courts from deciding what will happen to your minor child after you die, estate planning documents can be drafted so that a guardian of your choice is elected to take care of them. Listed below, are some steps that will help guide you through the process of creating a legal will in Nevada. 

1. Which people in my life are possible options to be the legal guardians of my children in my will? 

Often a good choice is someone you trust as well as someone your children are comfortable with. With that being said, people often choose close friends or family members as they are most familiar with you and your children. It is also smart to name one or more contingent guardians in your will in case your first choice is not able to take care of your children.

2. Prepare and execute the will to follow Nevada State Laws 

When drafting a will in Nevada, it is important that specific literature is included that will abide by the laws of the state. In order to make sure your will is put into effect, it is required that you follow Nevada’s legal formalities. Some of these formalities include having the will be written and having it signed by at least two witnesses. Hiring an estate planning attorney in Nevada can help make sure that the will is executed to the state’s standards. 

3. Name an executor on your will 

Once the will is completed, it is crucial that you choose someone who knows where the will is kept. This person is also known as the executor. It is common for people to name the person who will take guardianship of their children as the executor. 

The process of creating a will can be done with ease by hiring an Estate Planning Attorney in Reno, NV. If you would like to get more information about creating a will, please call Carlson & Work at 775-386-2226 to book a consultation now. 

 

 

TPO Lawyer in Reno, NV

Temporary Order of Protection in Nevada

What is a TPO?

 A Temporary Protection Order: a legal court order, which is temporarily put in place, to protect those who are victims of domestic violence. (N.R.S. 33.017)

Domestic Violence: physical, sexual or psychological violence between those, in or previously in, a dating relationship; spousal relationship; blood relationship; parent/minor child relationship; or legal guardian of a minor child. (N.R.S 228.030)

What are the laws governing a TPO?

The laws governing a Temporary Protection Order are in place for any domestic violence relating to the following persons: a spouse or former spouse; any person related by blood or marriage; any person currently or previously involved in a dating relationship; any person whom share a child in common; the minor child of any of those persons; or the persons minor child or any other person who has been appointed custodian or legal guardian of the persons minor child. (N.R.S 33.018)

What acts constitute domestic violence?

 a.) Battery

b.) Assault

c.) Compelling the other person by force or threat of force to perform an act from which the other person has the right to refrain or to refrain from an act which the other person has the right to perform.

d.) Sexual assault

e.) A knowing, purposeful or reckless course of conduct intended to harass the other person. Such conduct may include, but is not limited to:

  • Stalking
  • Arson
  • Trespassing
  • Larceny
  • Destruction of private property
  • Carrying a concealed weapon without a permit
  • Injuring or killing an animal

f.) False imprisonment

g.) Unlawful entry of the other person’s residence, or forcible entry against the other person’s will if there is a reasonably foreseeable risk of harm to the other person from the entry.

 (N.R.S. 33.018)

 How do you get a TPO?

 In order for a Temporary Protective Order to be granted, the court must receive satisfactory facts submitted through a verified application, that an act of domestic violence has either previously occurred, or the threat of domestic violence exists. The court may order either the applicant, adverse party, or both, to appear before the court before determining to grant the temporary order of protection. However, a temporary protection order may also be granted to the applicant without notice to the adverse party. This is referred to as an ex parte proceeding. Once the TPO application has been submitted and filed, the court shall rule on the order within (1) judicial day. (N.R.S. 33.020) From the time the TPO is served, it can not last longer than 30 days, unless the judge orders otherwise.(N.R.S. 33.080)

 How do you defend a TPO?

Temporary Protective Orders can be very tricky, and they can cause you to lose many of your rights as a parent/guardian. Additionally, they can have consequences which you may not immediately understand. If a TPO is filed against you, you may have certain rights taken away, such as: not being able to enter your home (even if you own it); you may not be able to enter your children’s school; may not be able to enter the applicants workplace; you may not be able to purchase a firearm; you may have to forfeit your previously purchased firearms; it can prevent you from selling your home; and can even prohibit you from taking your child out of certain jurisdictions.

Why you need a Family & Defense Attorney when seeking or defending a Temporary Protection Order in Reno, NV

It is important to have representation, who will fight for your legal rights, and who has expertise from both sides of the judicial system; prosecution and defense. Mathew Work and Work Law will offer you the best legal counsel in Reno. When it comes to family law, you couldn’t have a better attorney in your corner. Mathew Work’s previous experience as a criminal prosecutor will give you the upper hand in your case and will work diligently to ensure you are represented justly in your case.

Work Law’s Attorneys will make sure you understand your rights and the consequences of a TPO before a restraining order is placed against you. If you find yourself as the defendant in a TPO, do not voluntarily let the order be placed against you. This could potentially have dire consequences. Let Mathew Work and Work Law represent you in family court before many of your rights are forfeited. If you voluntarily allow a TPO to be filed against you, you may be: ordered to leave your home; prohibited from seeing your children; ordered to pay child support; unable to own a firearm; disqualified from future employment and educational opportunities, due to having a restraining order on your record. Work Law will look at the circumstances surrounding the TPO being filed against you and will determine the best defense in your case.

 

 

 

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