Modification of Custody in Nevada

 Work Law blog - Modification of child custody, process and explanation 

Modification of Child Custody

In life, things are constantly in a flux of change and sometimes a child custody might need to be modified. Some reasons could be abuse (physical, verbal, mental or emotional) from one of the parents.  There could be a failure to allow visitations, a move, unhealthy living conditions or a job schedule change or extremely unpredictable job hours. One parent may have been arrested or is currently incarcerated. 

Some other reasons for modification of custody in Reno could be the instability of a parent that is either emotional or physical.  Abuse does not have to come from the parent themselves but if they allow the child to be in the presence of friends, a boyfriend or girlfriend that abuse the child, or drugs or alcohol abuse by people that the child is in contact with and a parent does nothing to keep the child from these circumstances then a child’s safety is apparently at risk.  Involving the police in investigating these types of incidents can give you credible documentation to present in court or to your lawyer.  The protection and safety of a child is the job and responsibility of both parents.   

Neglect such as not providing medical needs, food, clothing or supervision is also unacceptable.  If a parent moves frequently, changes the child’s school or does not allow them to attend or a child is injured constantly in the care of a parent then Mathew Work can help you consider your modification. 

 

Child Support Payments

If a parent that is paying child support has their gross monthly income decrease or increased by 20% a recalculation of child support can be requested by either parent.  If a parent is fired with or without cause then the court may consider modifying child support.  If you did something wrong and got fired for it the court may still require you to pay child support since the child should not have to suffer because of what you did..  If you are laid off or there is a reduction in work this will not count against you.  If you do lose work it is best to file for unemployment right away and child support may be modified to reflect the amount you earn from unemployment.  Financial evidence should be given such as pay stubs or documentation from unemployment on how much your gross monthly benefits add up to. 

In Nevada, child support can be reviewed if one party asks.  It is also reviewed after three years and this could make the child support payments higher or lower depending on the gross monthly payments the parent is making that is paying child support.   

If you are planning to move to another area of the state you live in or out of state  completely it is a good idea to inform the court so they know your whereabouts and visitation may be changed if it is warranted.   

 

Child Support Attorney

Mathew Work, a Reno, Nevada lawyer, that works in family law, can help you modify your custody, either through mediation or filing a motion in court.  If a motion needs to be filed it must be done in the same court that ordered the initial custody arrangement.  The court may continue the initial arrangement unless credible or substantial evidence is presented to the judge.  A judge may consider the request of a child that can express their wishes to the court.  What a judge looks for is what is in the best interest of the child.  If two parties can agree on something in writing between their lawyers then a court hearing may not be warranted.  If you are served papers then take them to Mathew Work, a Nevada lawyer, and have them review them before you sign them.