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Custody & Child Support

Don’t go through a custody or child support battle alone! We will help protect the rights of you and your child! For all custody, child support, guardianship, relocation and paternity issues we are here to provide clarity and guidance in your decisions.

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Experience including high end and complex divorce and custody matters, child support, protection orders, alimony, post-decree contempt, pre-nuptial agreements, post-nuptial agreements, grandparent rights, paternity, and more.

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Custody (in Divorce)

In order to obtain a divorce in Nevada, you must be a resident for a period of at least six (6) weeks prior to filing the complaint for divorce.

If you have children, in order for Nevada to exercise jurisdiction over your children in a divorce, the children must have resided in the State of Nevada for a period of at least six (6) months prior to filing for divorce.
When two parents are married and are seeking a divorce, Nevada law says the parties share joint legal and joint physical custody until the Court orders otherwise. This means both parents have rights to not only physical custody of their children, but decision making power on behalf of their children, also known as legal custody. Neither parent has the right to determine the custodial schedule nor does either parent get to withhold custody of the children.
If there is any dispute as to the interim custody schedule, you may need to file for divorce immediately to get the matter before a Family Court Judge.

The legal standard in making a custody determination in a divorce is what is in the child(ren)’s best interest. NRS 125C.0035 list the factors the courts consider in making a custody determination based upon the child(ren)’s best interest.
Note NRS 125C.0035 also states that there is a preference for joint custody in Nevada.

If you have questions on custody in a divorce matter, please call The Law Offices of Andriea A. Aden, Esq. at 775-622-9245 today to schedule your consultation.


Child Support

Child support in Nevada is based upon three things:

  1. The custodial arrangement.
  2. The parties gross monthly income.
  3. Number of children.

If the parties share joint physical custody, then child support is based upon a percentage of both parties’ gross monthly income. Whomever makes more pays the difference. The percentage is determined by the number of children (18%-1 child, 25%-two children, and increases from there). If one parent has primary physical custody, the non-custodial parent pays child support based upon the percentage of their gross monthly income determined by the number of children.
See NRS Chapter 125B for the statutes on Nevada child support.

Note all child support amounts are subject to the statutory cap, which is updated each July 1. Here is the link to the statutory cap information.
https://nvcourts.gov/AOC/Administration/Budgets_and_Accounting/News/Presumptive_Maximum_Amounts_of_Child_Support/

If you have questions on child support, please call the Law Offices of Andriea A. Aden, Esq. 775-622-9245 today to schedule your consultation.


child-support-modification

Child Support Modification

If you seek to modify child support (as either obligor or obligee), there must be a 20% change in income (up or down depending on what you are seeking). Nevada law also allows for a review every three (3) years; however, simply having the right to request a review does not automatically mean the court will modify child support. It simply means you have the right to request the court take another look.

Child support is calculated the same when it is modified (see Child Support), the Court will just apply the new income figures into the formula.

If you have questions on child support modification, please contact the Law Offices of Andriea A. Aden, Esq. at 775-622-9245.


Custody Modification

The Court retains jurisdiction over the minor children until they emancipate. This means custody is always an issue the Court can consider. The legal standard the court applies in a custody modification request depends on the current physical custody schedule. If the parties share joint physical custody and one parent is requesting primary custody, the court considers the best interest of the children per the factors outlined in NRS 125C.0035.

If a parent has primary physical custody, the Court not only considers what is in the children’s best interest but must also make a finding there has been a substantial change in the children’s circumstances to justify a modification of custody.


Termination of Parental Rights

The Law Offices of Andriea A. Aden, Esq. assists only in terminating the parental rights by the custodial parent of the non-custodial parent. We do not assist in someone voluntarily wanting to terminate their rights. In order to terminate parental rights, that parent must be have no contact and provided no support to their child for a period of at least six months.

Termination of parental rights is a very extreme remedy and is often referred to as the death penalty of family law.

Call The Law Offices of Andriea A. Aden, Esq., today at 775-622-9245 if you have questions regarding domestic partnership agreements.


Guardianships

Guardianships come in to play when a third party seeks to have care, custody and control over a minor or an adult, including the finances of either the minor or the adult. Often this occurs when a parent is unable to care for a minor child and a third party (relative or otherwise) steps in to care for the children, or, in the adult context, when an adult is unable to make decisions on their own after determined by a medical doctor.

Call The Law Offices of Andriea A. Aden, Esq., today at 775-622-9245 if you have questions regarding obtaining a minor or adult guardianship.


Child Custody and Visitation (Unmarried)

In order to obtain a custody order in Nevada, the children must have resided in the State of Nevada for a period of at least six (6) months prior to filing a contested petition to establish custody.

When two parents are not married and are seeking a custody order, Nevada law says the parties share joint legal and joint physical custody until the Court orders otherwise. This means both parents have rights to not only physical custody of their children, but decision making power on behalf of their children, also known as legal custody.

Neither parent has the right to determine the custodial schedule nor does either parent get to withhold custody of the children.

The legal standard in making a custody determination in contested custody matter is what is in the child(ren)’s best interest. NRS 125C.0035 list the factors the courts consider in making a custody determination based upon the child(ren)’s best interest.

Note NRS 125C.0035 also states that there is a preference for joint custody in Nevada. Joint physical custody is defined as at least 40% of the time, or 146 nights a year. If a parent has more than 60% of the custodial days, they have primary physical custody.

If you have questions on custody, please call 775-622-9245 today to schedule your consultation.


Parent/Child Relocation

Nevada has recently adopted statutes which codify Nevada case law in regards to relocation. Specifically see NRS Chapter 125C.006, NRS 125C.0065, and NRS 125C.007.

If the parties do not agree, the relocating parent must petition the court for an order allowing that parent to relocate. The burden is on the relocating parent to show the court why their request to relocate with the minor children should be granted.

If the parents share joint physical custody, the relocating parent must first move the court for primary physical custody. If the court finds the parent has shown the court they should be awarded primary physical custody, the Court then assesses the factors outlined in NRS 125C.007 in determining whether the relocation is in the children’s best interest.

If one parent already has primary physical custody, then in order to relocate with the minor children, that parent must prove to the Court why relocation is in the children’s best interest per the factors outlined in NRS 125C.0070.

Relocation is often the most difficult area of family law as there is little room for compromise. If you have questions on seeking relocation or defending against the other parent’s request to relocate, contact the Law Offices of Andriea A. Aden, Esq. at 775-622-9245 to schedule your consultation.


Grandparents Rights (Grandparent Visitation)

First and foremost, grandparent’s rights/visitation is rare and very difficult to obtain. A grandparent has rights to visitation in only a very limited set of facts. In essence, your child, the parent of your grandchildren, must either be deceased or their rights terminated AND the other parent is refusing to allow you to have contact with your grandchildren. See NRS 125C.050.

The constitutional rights of a parent to choose how to raise their children is extremely strong in the law and if your child is alive and well and caring for their own children (your grandchildren), them not allowing you to see your grandchildren is NOT a basis to petition the court for visitation.


Custody Paternity

In order to obtain a custody order in Nevada, the child(ren) must have resided in the State of Nevada for a period of at least six (6) months prior to filing a contested petition to establish custody.
If the father is not on the birth certificate, the father’s paternity must first be established. If paternity is agreed to, the father can simply acknowledge paternity. If paternity is in dispute, a DNA test will be required to confirm paternity.

After paternity is established, the issue is then custody of the children. When two parents are not married and are seeking a custody order, Nevada law says the parties share joint legal and joint physical custody until the Court orders otherwise. This means both parents have rights to not only physical custody of their children, but decision making power on behalf of their children, also known as legal custody.

Neither parent has the right to dictate the custodial schedule nor does either parent get to withhold custody of the children.

The legal standard in making a custody determination in contested custody matter is what is in the child(ren)’s best interest. NRS 125C.0035 list the factors the courts consider in making a custody determination based upon the child(ren)’s best interest.

Note NRS 125C.0035 also states that there is a preference for joint custody in Nevada. Joint physical custody is defined as at least 40% of the time, or 146 nights a year. If a parent has more than 60% of the custodial days, they have primary physical custody.

If you have questions on custody, please call 775-622-9245 today to schedule your consultation.

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