Tuesday, November 27, 2012

Tuesday, November 20, 2012

Temporary Order for Custody or Support in Las Vegas Family Court

What is a temporary order in Las Vegas family court?

Sometimes fathers call state that they do not have any custody rights because they never established paternity, but the mother is in trouble somehow and custody with father is the only option and it has to be accomplished immediately. These fathers needs a temporary child custody order.

Sometimes mothers state their husband is not in the picture but will pretend to want to be so that he can get preferential custody and avoid child support—but the mother needs the child support immediately to survive with the child because the father, who was the provider, is no longer providing. The mother needs temporary child support order.

The temporary orders will suffice until the court has entered a permanent order following a trial, also called an evidentiary hearing.

Sunday, November 18, 2012

Joint Physical Custody in Las Vegas is Complicated

Agreeing to joint physical custody in Las Vegas does not necessarily mean you have joint physical custody.  A calculation of your time share done by a Las Vegas family law attorney will be necessary to ensure that what you agreed to is what you in fact get if a judge is called upon to decide custody sometime in the future.   

In addition, factors such as "necessary flexibility" are important to consider when agreeing to a time share arrangement so that a custody agreement that is less than a 50/50 time share is still deemed joint physical custody.  If necessary flexibility is stated due to work schedules, school schedules, and vacation schedules, then the parents may deviate from a 50/50 arrangement and be as different as a 40/60 arrangement while maintaining joint physical custody in Las Vegas.  


However, once the time one parent has with the child falls below 40% of the year, that parent no longer has joint physical custody but only visitation or noncustodial time.  The custody designations affects such issues as relocation from Las Vegas and Las Vegas child support calculations.



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PUBLIC SERVICE ANNOUNCEMENT

If you already have an attorney who has claimed to be an expert, specialist, or specializes in or has expertise in any area of law in Nevada, The Jacks Law Group will find out whether this is true, free of charge.  Simply send us an e-mail at David.Jacks@me.com and we will determine whether the lawyer's claim specialist or expert claim is true.  To be able to use the words expert, specialist, specialize, or expertise, a Nevada lawyer must have special standing with the Nevada State Bar.  Any lawyer who uses these words on websites, letters, business cards, or any other marketing is in violation of the Nevada Rules of Professional Conduct and the client should be careful.  Experts or specialists charge more for their services because they have expertise and additional yearly costs associated with maintaining their expert level of competence.  If lawyer is wrongfully using this designation, the lawyer may be falsely overcharging and/or not handling your case the way an expert or specialist would.

Tuesday, November 13, 2012

(702) 834-6300 Driving Under the Influence in Las Vegas

Driving under the influence of alcohol or drugs in Las Vegas is taken very seriously because it causes deaths every year.  The problem is, of course, you may have thought you were perfectly fine to drive when you were pulled over by the police officer and then arrested.

There are reasons this may be the case.  Perhaps you were not drunk.  Perhaps the breathalyzer was wrong.  In any case, because driving under the influence is a crime, the government prosecutor is going to have to prove, beyond a reasonable doubt, that your blood alcohol content was above the legal limit. You therefore need a criminal defense attorney that handles DUIs to check the evidence and look for reasonable doubt.

Friday, November 9, 2012

Self help for Family Law is Available in Las Vegas but an Attorney is Advisable

Self help for family law in Las Vegas or Henderson is available for people who cannot afford an attorney.  People who are in Las Vegas or Henderson and are forced to resort to self help, meaning they file their own paperwork and represent themselves in family court during divorce of child custody proceedings, are still advised to consult with family attorneys to learn what their legal rights are.

Attorneys can provide privileged, confidential counseling to prospective clients and it is entirely possible that you will have to hire an attorney at some point during your family law case, for instance for a trial or an evidentiary hearing.  The Jacks Law Group charges $100 to review your matter and tell you your rights, whether you ultimately have to represent yourself or can afford a Las Vegas family lawyer.



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PUBLIC SERVICE ANNOUNCEMENT

If you already have an attorney who has claimed to be an expert, specialist, or specializes in or has expertise in any area of law in Nevada, The Jacks Law Group will find out whether this is true, free of charge.  Simply send us an e-mail at David.Jacks@me.com and we will determine whether the lawyer's claim specialist or expert claim is true.  To be able to use the words expert, specialist, specialize, or expertise, a Nevada lawyer must have special standing with the Nevada State Bar.  Any lawyer who uses these words on websites, letters, business cards, or any other marketing is in violation of the Nevada Rules of Professional Conduct and the client should be careful.  Experts or specialists charge more for their services because they have expertise and additional yearly costs associated with maintaining their expert level of competence.  If lawyer is wrongfully using this designation, the lawyer may be falsely overcharging and/or not handling your case the way an expert or specialist would.

Monday, November 5, 2012

Five Reasons to Consult a Nevada attorney in Henderson


1.  A Nevada attorney knows the sources of law that affect you, which include:
·      Nevada Revised Statutes,
·      Nevada Constitution,
·      US Constitution,
·      Nevada Administrative Code,
·      Nevada Rules of Civil Procedure,
·      Nevada Alternative Dispute Resolution Rules,
·      Nevada Supreme Court Rules,
·      Nevada Rules of Appellate Procedure,
·      Nevada Rules of Professional Conduct,
·      Eighth Judicial District Court Rules,
·      Las Vegas Justice Court Rules,
·      Henderson Justice Court Rules,
·      Nevada Supreme Court Opinions,
·      Nevada Ethics Opinions,
·      Las Vegas Municipal Code,
·      North Las Vegas Municipal Code,
·      Henderson Municipal Code, and
·      Clark County Codes. 
Are you aware of all these sources of law, how to interpret them, and how they interplay? If not, you need a Las Vegas attorney.

2.   A Las Vegas attorney know how to investigate your legal issue using resources including the:
·      Nevada Secretary of State,
·      Clark County Assessor,
·      Clark County Recorder,
·      Clark County Business Licensing,
·      Clark County Permitting,
·      Las Vegas Business License,
·      North Las Vegas Business Licensing,
·      Henderson Business Licensing,
·      Municipal Courts,
·      Clark County District Court, and
·      Clark County Justice Court.
Do you know how to investigate issues using these government entities?  If not, a lawyer is very useful.

3.   Las Vegas attorneys typically have a minimum of 20 years of education, most of which they excelled in.  After that, Las Vegas lawyers much complete at least 12 hours of continuing legal education every year.  The bar exam topics on the Nevada bar exam include:
·      Agency and Partnership;
·      Community Property;
·      Conflict of Laws;
·      Constitutional Law;
·      Contracts;
·      Corporations;
·      Criminal Law;
·      Criminal Procedure;
·      Evidence;
·      Domestic Relations;
·      Real Property;
·      Remedies;
·      Torts;
·      Uniform Commercial Code (Articles 2,3 and 9);
·      Wills, Estates and Trusts; and
·      pleadings and practices under both the Nevada Rules of Civil Procedure and the Federal Rules of Civil Procedure.
With a Nevada lawyer at your side, you can be sure that you will have someone with minimum competency in many fields.

4.  Many Las Vegas lawyers have seen it all in this town, including every kind of family dynamic, criminal charge, real estate issue, and suffering.

5.  Objectivity and perspective allow good Las Vegas attorneys to anticipate what a judge or jury may do and will bring this insight to the client's attention so the client can make informed decisions.


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PUBLIC SERVICE ANNOUNCEMENT

If you already have an attorney who has claimed to be an expert, specialist, or specializes in or has expertise in any area of law in Nevada, The Jacks Law Group will find out whether this is true, free of charge.  Simply send us an e-mail at David.Jacks@me.com and we will determine whether the lawyer's claim specialist or expert claim is true.  To be able to use the words expert, specialist, specialize, or expertise, a Nevada lawyer must have special standing with the Nevada State Bar.  Any lawyer who uses these words on websites, letters, business cards, or any other marketing is in violation of the Nevada Rules of Professional Conduct and the client should be careful.  Experts or specialists charge more for their services because they have expertise and additional yearly costs associated with maintaining their expert level of competence.  If lawyer is wrongfully using this designation, the lawyer may be falsely overcharging and/or not handling your case the way an expert or specialist would.