You got the court order. Either the Divorce Decree or the Custody Decree. You thought the hard part was over. But now, your EX refuses to follow the Order. You’re at your wits end. What do you do?

The first question I have for clients in this situation is, “what part of the court order is your ex not following?” Does it matter? Doesn’t he/she have to follow it all? Well, yes, legally they do. But, there is more to this issue than meets the eye.

Let’s say, for instance, the part of the order your ex is not following is exercising his/her visitation with the kids (very common, by the way). The other parent is supposed to visit with the children from Friday-Sunday, for example, and many times they are simply failing to do so. This is a very common problem I hear from clients all the time. You can imagine their surprise when my response is typically to ask them, “is that really a problem?” Keep in mind they are angry. And rightfully so. After months of battling in court to get this Order, why should the other parent get away with not following it? But their anger can get in the way of seeing the big picture. Which is part of your attorney’s job, by the way, to see what you may not.

“What do you mean???” The client will often shoot back at me. What I explain to them is this — while I understand the anger in the other parent not doing what they are supposed to do, what I want to know is who is it hurting? Is the child(ren) upset? If so, that may be a real problem. But, if not (and many times it is not the case), I ask the client — technically, you are just getting more time with the kids you would not ordinarily have. And then it sinks in to the client…..maybe this is not an issue they want to fight over, and instead enjoy the extra time.

Now, granted, many clients need the break from the children. There is nothing wrong with that. It is not that they don’t want the extra time with the children, but rather that they have job commitments that require someone care for the child during the time the other parent is supposed to have them. In these cases, we discuss other childcare possibilities to see what the best solution is.

The whole point here is that it matters what part of the Order is being broken and whether that is truly a problem or not. In a lot of cases, the parents simply enjoy the extra time and do nothing about the other party’s failure to follow the order.

In other cases, however, the situation is entirely different. The other parent (or the ex) may be violating parts of the Order that need to immediately be addressed. For example, if the other party is harassing the client against a behavioral order, or is failing to pick up the children from school which is causing issues, or is failing to return the child at the scheduled time, these cases often necessitate returning to court.

The options in cases where violations of an order need to be addressed are to file a Motion and get a hearing in front of the judge. The type of Motion depends on the specific case, but often times it is a Motion to Show Cause. This means you are asking the Court to make the other Party explain why he/she should not be held in contempt of court for violating the order. Each violation must be presented individually, and the judge will want to know what remedy you are seeking – for example, monetary relief, or simply to compel the other party to act or refrain from acting. In rare cases, you may be seeking jail time for the other party (it is rare, but not impossible for the judge to grant this).

In any case, you will want to consult with your attorney for advice on your specific situation. In every case, we advise that you keep a journal if violations are frequent. Note the date, time, and what the violation is. Keep all text messages/e-mails that relate to the situation.

One last thing to keep in mind — judges expect the parties to work out their own problems and not rush to court over every little issue. In other words, don’t expect the judge to rule harshly over a minor violation – especially the first offense. But if the other party’s failure to follow the order is a real problem, specifically, putting you or your children at risk, you certainly have options, and you should speak to your attorney immediately so that he/she can assess the situation.

The post Violations of Court Orders. first appeared on Devine Legal Group.

If the deceased parent has put their assets into a living trust, that does not change the above answer, it changes the process that the creditor would go through to be paid.  If the parent left assets in a living trust, then the creditors can file a claim for payment with the successor trustee appointed in the trust document as allowed under NRS §164.025.  Those claims for payment would need to be paid prior to the assets in the trust being distributed to you and/or other beneficiaries.

A few exceptions to the above answers are:

• If you inherit a home that has a mortgage, that mortgage remains attached to the home and you will need to make arrangements with the mortgage holder.  You may qualify to “assume” the mortgage, or refinance the mortgage into a loan in your name, or could sell the home and that mortgage gets paid off at the conclusion of the sale of the home.  Some lenders will continue to accept monthly mortgage payments from you for a while, but eventually they can and often will stop doing so and you will have to deal with this issue when they stop accepting payments from you.
• If you co-signed for the debt, then you are still responsible for the debt.  An example of that is if you co-signed for a business loan for a business owned jointly with the deceased parent, or co-signed for a car loan for a vehicle you and your parent were sharing.  A co-signer is the same as a co-borrower or joint borrower, and the co-signer/co-borrower is fully responsible for the complete debt even after the other co-signer/co-borrower has passed away.
• If you were a joint account holder for a credit card (not simply an “authorized signer”), then you are still responsible for the debt. 

There are some options available that can be used to eliminate the ability of personal creditors of yours from filing claims with your trust for payment after your death, and protect your personal assets from your personal debts/creditors even while you are alive.  Nevada law provides for a type of trust that can shield your assets from your personal creditors while you are alive and after you pass away, so that you can pass down ALL of your assets to your children or family, instead of only what is left after paying personal creditors. 

If your loved one, including your parents or other family member has passed away, please contact us to discuss the options for probate of their estate.  If you wish to avoid probate of your estate after you pass away, and to protect your personal assets from your personal debts, please contact us to discuss options for creating this type of trust here in Nevada used specifically for this purpose at 702-515-1500.

The post Am I Responsible for My Deceased Parent’s Debt? first appeared on Devine Legal Group.

As one judge put it to a very surprised mother, “You can pump and send bottles with dad.” While it may be hard to hear, you need to know ahead of time what to expect in a child custody case. If the other parent asks for Joint Physical Custody, the burden will fall on you to prove why that is not in the child’s best interest.

First, what constitutes “joint” custody? Joint custody does not have to be a solid 50/50 split of time between the parents, although it can be. Joint custody can be a little less than 50/50 and still be granted. In other words, there is a little wiggle room when it comes to the exact amount of time it takes to be considered joint.

Second, joint custody will not be awarded if the parents live in different states. Not even if one parent is in Nevada and the other is in California. You must live in the same state in order to have an award of joint physical custody. A crucial word of caution here – do NOT move out of state with the child without the other parent’s written consent or the court’s permission in an attempt to avoid joint custody. If you do, you can find yourself in a world of trouble.

Third, is it possible for a parent to get Primary Physical Custody at all? Absolutely. Primary Physical Custody is where the minor child spends more than 60% of the time living with one parent and the other parent will have regular visitation with the child. How is this type of custody awarded? On a case-by-case basis. The court will consider many factors when making the determination of what is in the best interest of the child, including things such as: which parent is more likely to allow the child to have a continuing relationship with the other parent and allow that child to have frequent associations with the other parent, the mental and physical health of each parent, whether domestic violence against the child or a sibling of the child has taken place, the physical and developmental needs of the child, the level of conflict between the parents, and the nature of the relationship of the child to each parent, just to name a few. If the parents are unable to agree on custody, the judge will order mediation in an attempt to help the parents come to an agreement. If no agreement is still made, the judge must set a trial to determine custody. While the judge can grant temporary orders while the case is proceeding, a judge cannot make a final order on a contested custody case without a trial per the NV Supreme Court.

Fourth, the child never gets to simply decide which parent to live with while the child is under 18. The judge may hold a child interview at the request of one parent, if the child is at least 14 (though in some cases the child may be a bit younger) to ask the child specific questions about the child’s relationship with each parent and the child’s preferences. While the judge can consider the child’s input, and this can have a great impact on the case, it is not the only deciding factor. A word of caution here – the judge’s pick up on when a child has been coached on what to say!

Finally, just because a parent works full-time does not mean they are not able to have joint custody. In fact, the judge will make it clear that both parents have a duty to support their child financially. The reality is that most parents do have to work full-time. While work schedules will be discussed in most every case, the court will not simply penalize (by taking away joint custody) from a parent who has a full-time job. Another common surprise amongst parents is when a judge explains during a divorce that just because you were a stay-at-home mom while married (or in the relationship) does not mean you may automatically continue to be after the divorce or split.

As you can imagine, custody laws are anything but simple. Particularly if you find yourself in a situation where you and the other parent are not on great terms. Representing yourself in a custody case is a scary road to travel. Often times mistakes are made that cannot be undone. Please give us a call today to discuss your specific case and let our Las Vegas child custody and Divorce attorneys help protect your parental rights. 702-515-1500

For more information about child custody in Nevada, click here: https://devine.legal/practice/child-custody/

Related Articles:

5 Mistakes to avoid in a custody case: https://devine.legal/2023/02/5-mistakes-to-avoid-in-a-custody-case/

How does a parent lose his/her parental rights? Can a parent voluntarily terminate their rights? https://devine.legal/2022/01/termination-of-parental-rights-in-nevada/

Can I relocate out-of-state with my child? Do I need the other parent’s permission to relocate with my child? Relocation with Children – Devine Legal Group

How do I obtain a divorce in Nevada? https://devine.legal/practice/divorce-in-nevada/

The post Do I have to share custody of my young child with my ex in Nevada? first appeared on Devine Legal Group.

We offer free 30-minute telephone or Zoom consultations to discuss your case. Our Las Vegas Family Lawyers can help you with your divorce and custody matters. If you are looking for a law firm who will listen to your specific needs, you have found it. Our attorneys care! At Devine Legal Group you will have a team of attorneys and staff to support you throughout your entire case.

As a client of Devine Legal Group, you will have access to your own client portal where our firm can instantly share court documents with you, and you can send documents directly to us. The portal also allows you to communicate efficiently with your entire team at our firm. The portal is just another way we go the extra mile to take care of our clients.

Here, we take your case seriously. The family court system can be a nightmare to navigate by yourself. Don’t fight alone! Let our Las Vegas Divorce & Custody Attorneys take care of your legal issues today. Call us at 702-515-1500 to get started!

The post Las Vegas Family Lawyers – Free Consultation first appeared on Devine Legal Group.

1. Withholding your child(ren) from the other parent. Absent extreme circumstances such as physical abuse, refusing to allow the other parent to see the child(ren) works against you in a custody case. Unless there is a true imminent threat to the child, you should not withhold visitation to the other parent. Not paying child support is not a valid reason, either. If a true threat exists, you should immediately file a Motion for Temporary Orders with the court to ask for an order denying visitation. Otherwise, you should be sure the other parent is allowed reasonable visitation at all times.
2. Disobeying a Court Order.  If a court order exists (temporary or permanent) in your case, be sure to follow it regardless of whether you agree with it or not. Failing to do so can result in you being found in contempt of court, something that you do not want against you when fighting for custody.
3. Staying Willfully Unemployed or Underemployed.  Each parent has a constitutional duty to provide for their child(ren). Nevada law prohibits a person from staying unemployed or underemployed for purposes of avoiding (or lowering) their child support obligations. Even if you have been a stay-at-home parent prior to divorce, it is likely you will now have to return to the workforce. Prepare to explain to the judge what your plans for obtaining employment are (what active steps are you taking?) Further, quitting a job and taking one that pays less can hurt you too if the judge believes you are doing so to intentionally lower your pay in order for your child support obligation to go down.
4. Not Securing a Proper Residence.  The court does not require you live in a fancy home in order to have overnight visitation with your child(ren). But, it does require that you have proper accommodations. What does this mean? It means your child should have a bedroom to sleep in (not the couch, not the floor), and although they can share their room with another child, the judge will want to know if this shared arrangement is appropriate – in other words, are the children similar in age, the same sex, and whether there are issues between the children (is one child known to bully or abuse the other, for example). Also, be aware the court will not look kindly to a household shared with those who have certain criminal backgrounds (felons, for example), and if substance abuse is taking place in the home among any residents, your case can be in big trouble as well.
5. Posting on Social Media.  Be very cautious what you put on social media. Photos of you drinking, abusing drugs, partying when the children are supposed to be in your custody, or posting negative things about your children’s other parent can all be used against you. Photos, just like texts, are commonly submitted as exhibits in custody cases. Posting a photo of driving around with your child when your child is not in a proper car seat? You can bet it will end up marked as an exhibit in court. Be careful what you post at all times. Don’t assume that just because the other party is blocked from your social media that you are in the clear to post whatever you desire. Your best bet is to refrain from posting too much personal information on social media at all times. Law enforcement also recommends refraining from posting personal information about your children (such as where they go to school, for example) for safety reasons that reach beyond your custody case. Social media may be fun, but it can cost you in a custody case.

We take your custody cases to heart at Devine Legal Group. If you are in need of a Las Vegas Child Custody Attorney, call us today for your free consultation at 702-515-1500. To learn more about custody in Nevada, see Child Custody – Devine Legal Group

We look forward to working with you.  Call us today!

The post 5 Mistakes To Avoid In A Custody Case first appeared on Devine Legal Group.

What Rights Are Taken Away?

All legal rights are taken away. This means:

• The parent-child relationship no longer exists
• The parent is removed from the child’s birth certificate
• The parent (usually) has no right to visit the child or talk with the child
• The parent does not have the right to raise the child
• Child support obligations end
• The child can later be adopted without the parent’s permission

Can I Voluntarily Give Up My Rights?

Not usually. Nevada courts believe that children should have two parents to provide emotional and financial support. You may do so to consent to an adoption of your child. Or you may do so if someone else has filed a petition to terminate your rights.

Who Can Ask to Terminate a Parent’s Rights?

A parent, guardian, or other relative of the child can petition the court to terminate a parent’s rights. If CPS has been involved the Department of Family Services can file a petition to terminate a parent’s rights in very serious cases. *Note that if the child or the petitioner receive public assistance (such as TANF or SNAP) it is unlikely the judge will terminate the parent’s rights. In such a case, the Child Support Office must be notified of the termination case and may oppose it if public assistance is being provided.

What Are the Reasons to Terminate a Parent’s Rights?

There are several different reasons a parent’s rights may be terminated in Nevada:

• Abandonment. This is typically when a parent has not contacted the child nor provided any financial assistance to the child for at least 6 months without a good reason.
• Neglect: The parent has failed to properly care for the child. This includes things like not providing food, medical care, shelter, education or any other special care the child needs.
• The Parent is Unfit: This means the parent can’t or won’t provide the child with proper care, guidance, and support.
• There is a Serious Risk of Physical, Emotional, or Mental Injury if the Child is Returned to the Parent: The child would be in serious risk of danger if placed with the parent.
• Token Efforts. This is when a parent has made minimal efforts to support the child, care for the child, or communicate with the child.
• Failure of Parental Adjustment: If CPS removed the child from the home, the parent has limited time to correct the reasons that caused the removal. If reasonable time has passed, and the parents have not corrected the issues, the state can petition to terminate the parent’s rights.
• Sexual Assault: If the child was conceived due to sexual assault and the parent was convicted of sexual assault, their rights can be terminated.

The judge must also decide that it is in the child’s best interests to terminate the parent’s rights. The person petitioning to terminate has to prove by “clear and convincing evidence” that a valid ground exists, and that the child’s best interest is served. This standard is very high.

What Happens if I Don’t Know Where the Parent Is?

You will be required to perform due diligence to find the parent. In other words, you must do everything possible including contacting the parent’s family, friends, mutual friends, their employer, past employers, searching online for the person, etc., to try and find them. If all of these efforts fail, you can then ask the judge to allow you to serve the parent via publication. This means you would post a notice in a newspaper for 4 weeks announcing the termination case, AND also have the parent’s nearest known relative living in Nevada served in person with the papers.

For more information concerning child custody matters and how we can help, visit our child custody section.

Whether you need assistance with terminating a parent’s rights or your rights are being threatened and you need representation, we can help! Call us at 702-515-1500 for your free and confidential consultation.

The post How Does a Parent Lose His/Her Rights? first appeared on Devine Legal Group.

Child support is determined differently if a court orders joint physical custody. It is based on the same percentages above, but the higher income parent owes the lower income parent the difference.

The court calculates child support for low-income payers at 75% to 150% of the Federal Poverty Guidelines.

Childcare costs paid by either party are taken into account by the court.

An order for temporary child support is common while the custody or divorce proceedings are pending.

How Does a Parent Get Child Support in Nevada?

An order for child support can be obtained as follows:

1. During a Divorce or Legal Separation;
2. As part of an Extended Protection Order (temporarily);
3. During a Paternity or Custody suit; or
4. Through an enforcement action brought by the Clark County District Attorney Family Support unit.

How Long Does Child Support have to be Paid in Nevada?

Generally, until the child reaches the age of 18. However, if the child is still in high school, child support will continue until the child’s graduation from high school or the child’s 19th birthday, whichever occurs first.

Do I have to Pay for my Child’s College as part of Child Support?

Not unless you specifically agree to it as part of your case.

Can an Order for Child Support be Modified in Nevada?

Yes, under the following circumstances:

1. The court must review the child support ordered at least every 3 years at the request of either parent;
2. The court may review the child support ordered at any time upon the filing of a motion to modify. Any subsequent modification or adjustment of the child support obligation must be based upon a change in circumstances. For example, a change of 20% or more in the GMI of a person who is the subject of an order for child support; or
3. If the parties agree to a modification. However, the court has the power to reject the agreement if it does not comply with Nevada law.

Is Child Support Automatically Deducted from a Parent’s Paycheck in Nevada?

No, but if the parent is 30 days overdue on support, you can ask the court to issue a wage assignment.

How do I Enforce a Child Support Order/What if the Parent refuses to Pay?

By filing a Motion for an Order to Show Cause. This Motion requires the non-custodial parent to explain to the court why he/she should not be found in contempt for failing to pay child support.

Need assistance with filing for divorce or other family issues? Call our Las Vegas Divorce and Child Custody Attorneys today. 702-515-1500.

The post How is Child Support Calculated in Nevada? first appeared on Devine Legal Group.

First, a man is presumed to be the biological father of a child if:

• He and the child’s biological mother are or have been married to each other and the child is born during the marriage, or within 285 days after the marriage is terminated either by death, divorce, declaration of invalidity, annulment, or after a decree of separation is entered by a court; or
• He and the child’s mother were living together for a minimum of 6 months before the period of conception and continued to live together through the period of conception; or
• He and the child’s biological mother attempted to marry each other in compliance with the law before the child’s birth, even though the attempted marriage is invalid or could be declared to be invalid; and if the attempted marriage is invalid without a court order, the child is born within 285 days after the termination of cohabitation; or
• While the child is still a minor, the man receives the child into his home and openly holds out the child as his own natural child; or
• DNA tests or blood-typing tests pursuant to NRS 126.121 show a 99% or more probability that he is the father (except this presumption may be rebutted if he proves that he has an identical sibling who may be the father; or
• The man signs a voluntary acknowledgment of parentage that was developed by the State Board of Health pursuant to NRS 440.285 which shall be deemed to have the same effect as an order of the court if the declaration is signed in Nevada or any other state by the parents of the child.  Note — this acknowledgment may be rescinded if certain factors are met.

Who Can File for a Paternity Case in Nevada?

A child, his or her biological mother, or a man presumed or alleged to be the biological father or an interested third party may bring an action to establish paternity in Nevada.  If an action is brought before the child is born, all proceedings must be stayed until after the child’s birth, with the exception of service of process and the taking of depositions to perpetuate testimony.

What if the Alleged Father Refuses to take a DNA or blood-typing test?

When a qualified party brings a motion to the court, the court shall order the alleged father or any other persons involved to submit to such testing by a designated person, or qualified physician.  The judge may impose specific directions and restrictions regarding the testing.  Upon receiving the results, the results must be presented as evidence to the court.  The test results are evidence of paternity unless a party files a written objection at least 30 days prior to the hearing at which the test results are to be received as evidence.

If the person is ordered to submit to a test by the court and still refuses to do so, the court may presume that the test results would be adverse to the interests of that party and may enforce its order to protect the rights of others.

Need assistance establishing Paternity in Nevada?  Give us a call for your free, confidential consultation at 702-515-1500.

The post How Do I Establish Paternity in Nevada? first appeared on Devine Legal Group.