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.

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.

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.

New Las Vegas family court rules coming in 2013.

David Jacks Attended the October 4, 2012 Family Law Bench Bar Meeting:  

Moderators:  Judge Pomrenze and Corinne Price.  

Honored Guest Justice Mark Gibbons. 

Discussion Topic:  Amendment to NRCP 16.2 -Overview of Significant Changes | ADKT No. 476 and NRCP 16.205 | Revised Financial Disclosure Form, Opt-in form and Marital Balance Sheet.

The Jacks Law Group strives to be on top of the changes in family law to ensure clients get competent representation.  If you want to know how current your attorney is on family law, ask if they know about the pending rule changes to NRCP 16.2 which will take effect January 2013.

Have a Child Custody Decision to make in Las Vegas?

Parents often consider some kind of joint custody. But, determining the type of joint custody is unique to every case. The child's current home, accessibility to family and friends, school, and appropriateness of a living situation are all important factors. Child visitation involves similar consideration of the child's schedule, location, and supervision. We are able to effectively advocate for your rights within the law while keeping your child's best interests in mind.

When children are involved, the stakes go up in any divorce or separation situation. It is imperative that you protect your children and your parental rights during this time. Nevada child custody laws are very specific about protecting the welfare of children. The Nevada divorce and family law attorney at The Jacks Law Group we will help you decide what your best legal options are regarding your children will be after your divorce is settled.

Las Vegas Divorce Law Information

If you seek free information about Las Vegas or Nevada divorce law, you are probably already facing troubling times and difficult decisions. One way to regain control of your life is to accumulate as much knowledge and perspective as you can about all aspects of a Las Vegas divorce.

That is exactly why the The Jacks Law Group developed this site, which is a collection of facts, articles, and opinions designed for individuals facing your situation. However, the lessons learned here are not the best part of the solution. To truly make your way safely through the challenges ahead, you require the support of a passionate, understanding Las Vegas divorce law professional on your side.

You need an attorney who appreciates the magnitude of your troubles and can create a safe haven while you take steps to improve your life.  Learn about Las Vegas divorce law, child support, alimony, military divorce, custody, support, property division and consult with us.

Las Vegas Termination of Parental Rights Clear and Convincing

The Nevada Supreme Court ruled in April 2012 that a the lower Nevada district court must make express findings of fact in its written order, or on the record, when determining whether to grant or deny a petition to terminate a parent’s parental rights.  

The court stated:

A petitioner in termination proceedings has the burden to prove by clear and convincing evidence that termination is in the child’s best interest and that parental fault exists.  When a district court fails to make any findings concerning this standard of proof in its order or on the record, this court is unable to determine on appeal whether substantial evidence supports the district court’s ruling.  In the present case, neither the district court’s order nor the record contains findings of fact to support the district court’s conclusions, and thus, we reverse the order terminating appellant’s parental rights and remand this matter to the district court to enter its findings.  

 In re Parental Rights as to C.C.A., 128 Nev. Adv. Op. No. 15 April 5, 2012 

In this case, the family trial court had a two day evidentiary hearing and then failed to either give an oral ruling or a written ruling that explained the findings of facts and conclusions of law to warrant the termination of parental rights.  

Because even judges make mistakes in rendering rulings, it is important to have an attentive family law attorney represent you especially when your fundamental parental rights are at risk.

REQUIRED DISCLAIMER

The information about termination of parental rights contained on this page is not intended to be legal advice about termination of parental rights.  Your termination of parental rights matter should always be evaluated by a Las Vegas family lawyer.  You should treat termination of parental rights with the seriousness it requires.  Just as you would not likely conduct surgery on yourself, you should not represent yourself in court regarding your termination of parental rights matter.  At the very least, consult with a local attorney—multiple times if necessary if you insist upon representing yourself.

Child Custody lawyer in Las Vegas

When you say to yourself, "I need help with child custody in Las Vegas" you need a Las Vegas family lawyer.

If you are married with children and are anticipating a divorce in Las Vegas, you should consult with a Las Vegas divorce lawyer to discuss your child custody rights.  Child custody in Las Vegas is presumed to be joint physical custody and joint legal custody at the time of the divorce, but the judge will look at best interests to determine whether that presumption is rebutted.  

The other types of child custody recognized in Nevada are primary physical custody, sole physical custody, shared custody,  and sole legal custody.  The difference can affect other parts of your life, including your right to travel and your right to child support.

At The Jacks Law Group, PLLC we understand that family problems can cause extreme emotional discontent. Both sides usually feel that his or her side is right. We understand that you may also feel obligated to maintain certain principles or go after unrealistic goals during your divorce.

We work hard to ensure that unrealistic expectations or grudges do not interfere with your final decision. You should focus on what is realistic and affordable. We want you to walk from your situation with more--not less. We place our focus on your family's needs and best interests.

So when you ask, "How do I get divorced in Las Vegas?" or "How do I get a divorce in Las Vegas?" call us.