Family and Juvenile

Child Custody & Support

In Nevada, child custody is divided into two parts: legal custody and physical custody. Legal custody refers to the right to make major life decisions for the child such as health care, education, and religious upbringing. Physical custody pertains to where the child will reside.

Nevada law presumes joint custody is in the best interest of the child, where both parents share legal and physical custody. However, if the court determines that joint custody isn’t in the child’s best interests, it may award sole custody to one parent. The court takes into consideration various factors, including the child’s wishes (if the child is of sufficient age and capacity), the mental and physical health of all individuals involved, the level of conflict between the parents, and any history of domestic violence, among others.

Nevada does not give preference to either parent based on the gender of the parent or the child. The court’s primary focus is to protect the child’s welfare and maintain as much stability as possible.

Child Support: Child support in Nevada is determined based on a percentage income model, where a non-custodial parent’s support obligation is a percentage of their gross monthly income. This percentage increases with the number of children, starting at 18% for one child, and going up to a maximum of 25% for three or more children.

The amount of child support can be adjusted based on several factors, including the cost of health insurance, the cost of child care, any special educational needs of the child, and the relative income of both parents.

Child support payments in Nevada are typically required until the child turns 18 or graduates from high school, whichever occurs later. If the child has special needs, the court may order support to continue indefinitely.

Learn More about Child Custody & Support

Divorce/Annulment

In Nevada, both no-fault and fault-based divorces are recognized. No-fault divorces occur when the parties agree that their marriage is irretrievably broken and no specific reason is needed to end it. Fault-based divorces are granted when one spouse can prove the other spouse committed adultery, desertion for a specific period, or that they have lived separate and apart for at least one year.

To file for divorce in Nevada, at least one party must have lived in the state for a minimum of six weeks prior to filing. A legal representative or the party themselves can provide a signed affidavit attesting to this residency requirement.

The actual divorce process begins when one spouse files a “Complaint for Divorce” with the district court in the county where they live. The other spouse is then served with divorce papers and has a specific time period, usually 20 days, to respond.

Annulment: While a divorce ends a legally valid marriage, an annulment in Nevada treats the marriage as if it never legally existed. Nevada recognizes both void and voidable marriages for the purposes of annulment.

Void marriages are those that were never legal, to begin with, such as those involving bigamy or close blood relatives. Voidable marriages, on the other hand, are those that can be declared invalid due to reasons such as fraud, lack of consent, impotency, or incapacity.

To file for an annulment in Nevada, there is no specific residency requirement. However, if the marriage took place in Nevada, the court generally has jurisdiction to annul the marriage. If the marriage took place outside of Nevada, one of the parties must be a resident for at least six weeks prior to filing.

Learn More about Divorce/Annulment

Guardianship

Guardianship is a legal arrangement, enforced by a court, that enables a responsible adult, known as the guardian, to make decisions on behalf of another individual, referred to as the ward. The ward could be a minor, an adult who has become incapacitated, or an adult who has been determined by a court to be unable to make sound decisions.

Legal Framework

The legal framework for guardianship in Nevada is outlined in Title 13 of the Nevada Revised Statutes (NRS), specifically in Chapters 159 and 159A. Chapter 159 pertains to guardianship of adults, while Chapter 159A covers guardianship of minors.

Types of Guardianship: In Nevada, guardianships are categorized in different ways:

  1. Full (or Plenary) Guardianship: The guardian has full legal authority to make decisions on behalf of the ward.
  2. Temporary (or Emergency) Guardianship: This is granted when there’s an immediate risk to the ward’s health or property. It is short-term, typically lasting for 30 days.
  3. Joint Guardianship: More than one guardian is responsible for the ward’s care and decision-making.
  4. Guardianship of the Person: The guardian is responsible for the ward’s personal affairs, including decisions about healthcare, education, and general well-being.
  5. Guardianship of the Estate: The guardian is responsible for managing the ward’s financial and legal affairs.

Establishing Guardianship: To establish guardianship in Nevada, one must petition the appropriate court in the county where the prospective ward lives or owns property. This process generally involves:

  1. Filing a petition: The petitioner provides detailed information about the ward, their assets, the proposed guardian, and the reason guardianship is needed.
  2. Investigation: An investigator or social worker conducts an investigation to confirm the need for guardianship.
  3. Hearing: A court hearing is held where the judge reviews the petition and the results of the investigation. If the judge approves the petition, they issue a decree of guardianship and letters of guardianship.

Learn More about Guardianship

Prenuptial Agreement

A prenuptial agreement is a legally binding contract entered into by a couple before marriage. It outlines the division of assets, spousal support, and other financial responsibilities in the event of divorce, separation, or death. Governed by Nevada Revised Statutes Chapter 123A and the Uniform Premarital Agreement Act (UPAA), such agreements must be written, signed voluntarily, and involve full disclosure of assets and liabilities.

Key issues to include involve property division, spousal support, debts, business interests, and estate planning. It’s important to avoid including child custody, child support, and any illegal provisions. To ensure fairness and validity, each party should seek independent legal counsel.

Learn More about Prenuptial Agreement

Navigating Domestic Violence Help

Domestic Violence Help provides a comprehensive guide on understanding, responding to, and recovering from domestic violence in Nevada. It details Nevada’s domestic violence laws, outlines the protective measures victims can take, and lists the resources available for immediate help and long-term recovery.

The guide also highlights the importance of community education in preventing domestic violence, showcasing various initiatives across the state. Designed to aid victims and inform the public, this resource plays a crucial role in combating domestic violence in Nevada.

Learn More about Navigating Domestic Violence Help

Adoption Process

Adoption in Nevada is a carefully designed process to ensure the well-being and best interests of the child. It begins with understanding eligibility criteria, which include age, marital status, and residency requirements, as well as the child’s eligibility for adoption. The adoption process in Nevada involves multiple steps, starting from the initial application, through home study, matching with a child, legal finalization of the adoption, and culminating in post-placement visits.

Legally, the process includes obtaining consent from the birth parents, termination of their parental rights, and finalizing the adoption through court proceedings. Once the adoption is finalized, the adoptive parents assume all legal rights and responsibilities for the child.

Financial aspects of adoption, including costs involved and financial support available, are also important considerations. The Adoption Tax Credit can help offset some of the expenses.

Post-adoption, there are various support services and resources available for adoptive families and adoptees in Nevada. Challenges may arise during the adoption journey, but with patience, persistence, and the right support, prospective parents can navigate through them successfully.

While the adoption process can seem daunting, it is also filled with immense love and joy, offering the priceless reward of providing a child with a loving and nurturing home.

Learn More about Adoption Process

Abortion in Nevada

Abortion in Nevada is legal and accessible, with the state offering some of the most supportive laws for reproductive rights in the U.S. Nevadans can choose from various medical and surgical abortion procedures, provided by numerous clinics and health centers throughout the state. The cost of these procedures can vary, with financial assistance available for those in need.

Nevada law stipulates that at least one parent or guardian must be notified for minors seeking an abortion, but there’s an option for a judicial bypass. Emotional support, educational resources, and advocacy opportunities are abundant for individuals navigating the complexities of abortion in Nevada.

Learn More about Abortion in Nevada