Divorce & Family Law Articles
Since 1993, the Law Office of Christopher R. Tilman, Attorney at Law, has been committed to providing effective, quality Family Law representation for residents living in Las Vegas and communities throughout Nevada.
- Obtaining Custody in Nevada
- Obtaining Child Support in Nevada
- Becoming a Legal Guardian
- Adopting a Child in Nevada
Obtaining Custody in Nevada
By Christopher R. Tilman, Esq.
There are two instances in which a parent can obtain legal and physical
custody in Nevada. First, if the parents are unmarried, and second, if
the parents are married. Before we look at these instances we must
define “legal” and “Physical” custody. First, legal custody is best
described as a designation that defines a parent’s rights as it applies
to third persons. Meaning that a parent with legal custody can
authorize medical procedures, get medical and school records for and
about the child and the parent will be involved in major decisions
regarding the child. Most parents get joint legal custody with the
other parent, unless there is a serious problem regarding parenting or
history. Physical custody only means that parent has 51% or more of the
time with the child and gets the award of child support.
If the parents are unmarried, one must look to Nevada Revised Statues
126.031 which mandates that a mother of a child has primary custody of a
child if there is n court order regarding custody and she is not married
to the father of the child. Conversely, the father has custody if the
mother has abandoned the child in the father’s care and the father has
provided sole care and custody of the child in her absence. Naturally,
the issues of whether the mother or father has primary custody may be
challenged in court and that court will make a finding as to whom should
have primary custody.
It is dangerous to have a child out of wedlock and have no court order
because should a dispute arise over visitation, custody, or any other
issue in a child’s life then the authorities have nothing to enforce.
The result frequently is that the authorities take the child into
custody and tell the parents to get a court order defining the disputed
issues. The child may remain in the care of the State until the order
is obtained. Married or not, if the parents are in court litigating the
issue as to who has primary custody, Nevada Revised Statutes 125.480
comes into play. This law mandates that regardless of the sex of the
parent, the sole consideration is the best interest of the child and if
it appears that joint custody is in the best interest of the child then
the court may grant joint custody is in the best interest of the child
then the court may grant joint custody of the child (this means that
parents will split time with the child equally). It is interesting to
note that in Nevada no preference may be given to either mothers or
fathers when awarding custody.
Courts usually ratify what the parties have been doing as matter of
course, that is, what the parties have decided together (without court
order) is best for the child. Meaning you had better have a good reason
for requesting custody if you left the child with the other parent some
time ago.
Nevada Baby Magazine 1999 .
Obtaining Child Support in Nevada
By Christopher R. Tilman, Esq.
In Nevada there are two ways to get an order for child support. The
first way is to open a file with the District Attorney’s Family Support
Division. Any person who has a child in his or her custody for more
than thirty days without the presence of a parent may open a file. It
is interesting to note that you need not be divorced for a file to be
opened, merely separated for the requisite thirty day period. Likewise,
you need not have an order for custody if the child was born our of
wedlock, merely just the absence of the obligated parent. The District
Attorney obtains orders in front of Special Hearing Masters in UIFSA
court. This is a court of limited jurisdiction in that they only can
adjudicate issues of paternity and child support not custody or
visitation. Also, it can take a number of months to obtain an order in
this court because of an excessive case load.
The second way to get an order for support starts with a complaint for
divorce or, if the parents are not married, a complaint to establish
paternity. Most attorneys prefer to file a motion for child support and
related relief which gets the litigant a court date in the neat future.
In Clark County, a court date is usually scheduled within three to five
weeks, depending on the judge. Keep in mind that these cases are filed
in District Court, Family Court Division, which have jurisdiction over
all issues including child custody, visitation and child support.
The amount of child support a non-custodial parent must pay is governed
by Nevada Revised Statutes 125.070 and 125B.080. For one child the
amount is 18% of the payers gross monthly income (that is the before tax
amount). For two children the amount is 25%, for three children it
rises to 29% and the amount increases by 2% for every child thereafter.
The child support amount is capped by the statue at $500.00 per child.
The payer does get certain deductions from or additions to his child
support amount. These include, but are not limited to, the timeshare
with the child, the age of the child, the responsibility of the parents
for the support of others, the relative income of the parents, and the
costs of transportation to see the children.
Nevada Baby Magazine 1999
Becoming a Legal Guardian
By Christopher R. Tilman, Esq.
Guardianships are generally commenced for legal purposes, as they allow
a person to handle legal and financial affairs for another person who is
mentally or physically unable to do so. This person is called the
“ward” and may be either an adult or a minor child. Often, a
guardianship is executed for the purpose of obtaining health insurance,
especially in the case of a guardianship of a child. A guardianship
permits the guardian to manage personal, financial, custodial and other
affairs of the ward.
In the State of Nevada, there are two types of guardianships: that of
the person and that of the estate. A guardianship of the person is
only available if the ward owns no property and receives no income. If
the ward does own property or receives income, the guardianship must be
requested for the person and estate, and an annual accounting of the
property and income must be filed with the court.
The process for obtaining a guardianship may be quite uncomplicated,
provided there are no objections from other family members. First, a
Petition must be filed, which includes the name, age and relationship to
the ward of the proposed guardians, and a statement that the proposed
guardians are financially able to care for the minor child. A list of
the ward’s family members, within two degrees of relationship, and their
last known addresses, must be provided. A guardianship of a minor may
proceed without hearing if a consent is signed by both parents. If this
is not possible, a hearing must be scheduled. The hearing is set by way
of a Citation to Appear and Show Cause which is signed by the judge.
The family members must then be notified of the hearing by way of
certified mail, return receipt requested. At the time of the hearing,
the judge will hear any objections and make a determination which
appears to be in the best interests of the ward. Guardianships may be
terminated if the ward becomes able to manage their own lives.
Nevada Baby Magazine 1999
Adopting a Child in Nevada
By Christopher R. Tilman, Esq.
Adoption can be one of the most rewarding life experiences, not only for
the adopting parents, but for the adopted child as well. However, the
legal process associated with adoption can be somewhat confusing to the
new parents-to-be. The first thing to know is that in Nevada, there are
two basic types of adoptions: relative or step-parent adoptions and
non-relative adoptions.
In both types, the first step required is to terminate the parental
rights of the natural parents. A termination is necessary to ensure
that the natural parents cannot maintain a claim to custody or
visitation after the adoption is completed. Of course, in a step-parent
adoption, it would be necessary to terminate the parental rights of the
missing parent. A termination of parental tights can be accomplished
through a voluntary consent, signed by the parent relinquishing his/her
parental rights. If the parent cannot be located or is unwilling to sign
a consent, a petition can be filed requesting that the Court order
termination.
Once this is completed, a petition for adoption can be filed. The
petition must contain several facts, including the names and ages of the
parties requesting the adoption, the name and birth date of the child
being adopted, and that the parties have lived together, with the child,
in Nevada for a period of at least six months prior to the petition.
The court also requires that the adopting parents be financially able to
support the child, that they have never been convicted of a felony, and
that there has been full compliance with the laws of the State of Nevada
relative to adoptions.
If the adoption is a non-relative, an additional step is required.
Often, a non-relative adoption is sought by foster parents who wish to
adopt their foster child. In such a case, or if the adopting parents
are outside the second degree of consequently (kinship or family
relationship), a welfare investigation is required. The welfare
investigation consists of a background check and a home study to
determine if the adopting parents are able to properly care for a
child. In a relative or step-parent adoption, a request for waiver of
this investigation may be made by the adopting parents.
Lastly, a hearing must be held, at which the adopting parents and the
child must be present. All adoptions are scheduled together, and the
experience is generally positive for all involved.
Nevada Baby Magazine 1999
Contact Us Today for a Consultation
I invite you to contact my office to discuss your legal needs today. Send us an email or call us at (702) 214-4214.
Law Office of Christopher R. Tilman
Attorney at Law
1211 South Maryland Parkway, Las Vegas, NV 89104
(702) 214-4214
