Child Custody in Las Vegas

There are three types of physical custody of children in Las Vegas, Nevada:

1.  Sole physical custody
2.  Primary physical custody for one parent, visitation for the other parent
3.  Joint physical custody

Sole physical custody is awarded by the court or happens automatically depending on the circumstances.  It means that one parent has the child or children all of the time and the other parent is out of the picture (abandoned the family, incarcerated, deceased)

Primary physical custody for one parent and visitation rights for the other parent means that one parent has the child or children primarily, or over sixty percent of the time and the other parent has the child less than forty percent of the time, or visitation (weekend, holiday).

Joint physical custody means that each parent has the child or children at least forty percent of the time, up to fifty percent of the time.


Legal custody is the decision making and sharing of information regarding the child or children with respect to school, religion, activities, medical records, and other childhood events.  There are two types of legal custody:

1.  Sole legal custody:  one parent has all the decision making power and the other parent is out of the picture.
2.  Joint legal custody:  both parents decide what is best for their child and share in important activities with the child or children.

When you need a child custody lawyer in Las Vegas, please call The Wright Law Offices and schedule a consultation.

We help with divorce in Las Vegas and Henderson.

We help with child custody law in Las Vegas and Henderson.

Modify Child Support in Nevada and Jurisdiction

Vaile v. Porsboll  128 Nev. Adv. Op. No. 3 January 26, 2012

The Nevada Supreme Court addressed the district court’s authority to enforce or modify a child support order that a Nevada district court initially entered, when neither the parties nor the children reside in Nevada.  The Nevada Supreme Court concluded that, under the Uniform Interstate Family Support Act, because no other jurisdiction had entered an order concerning child support, the Nevada order controls and the district court retains subject matter jurisdiction to enforce the Nevada order, but since the parties and children did not reside in Nevada and the parties had not consented to the district court’s exercise of jurisdiction, the district court lacked subject matter jurisdiction to modify the support order.  On this latter point, the Nevada Supreme Court took the opportunity to explain the distinction between a family court order that modifies a prior order and one that merely clarifies the prior order.  Because the Nevada Supreme Court concluded that the district court in the present case impermissibly modified the child support obligation set forth in the divorce decree, it reversed the district court’s order and remanded the matter to the district court for further proceedings.


Child custody in Las Vegas and child support in Las Vegas

We help with child support in Las Vegas and Henderson.

We help with child support law in Las Vegas and Henderson.

RIP Christopher Raleigh, Las Vegas Personal Injury Attorney.

Christopher Raleigh was the longtime law partner of John Hunt, former Clark County district attorney's office candidate.  Mr. Raleigh passed away in a car accident in Vermont on January 16, 2012.  Also killed was his young son.  Injured was his wife.  Neither he nor his wife were wearing seat-belts according to the news.  The driver and passengers of the other car apparently were not injured much.  Mr. Raleigh has been a lawyer in Las Vegas since 1982.  The Wright Law Offices has no affiliation with Mr. Raleigh, but we respect a hard-working attorney and offer condolences to his family.


http://www.lvrj.com/news/las-vegas-attorney-son-killed-in-vermont-car-crash-137445463.html

Judges in Las Vegas should heed this advice if they care about themselves, their jobs, and society at large.

Judges and Temperament 

Certain judges in Clark County lecture attorneys at Continuing Legal Education seminars on how to behave in court and how to conduct their cases.  Many attorneys require this instruction and I will not discourage it in this article.  However, some judges need to take to heart the proper behavior expected of a jurist.

Too many judges treat litigants and attorneys disrespectfully.  Some judges do not know the law or the facts well enough before they render an order.  Some judges, or their staff, make mistakes by losing or ignoring paperwork leaving the lawyers to face their clients and clean up the mistakes.

Let's face it; some judges should simply not be judges.  I cannot name names, but some judges should be disrobed--even if we may fear what lie beneath.

The judges who really want to be looked upon favorably by the voting public (and the deciding votes are probably the lawyers that appear before them) should consider and implement the following suggestions:

1. Sometimes the lawyers/litigants with money behind them are not nearly as powerful as the poor lawyers/litigants with the voting church congregations behind them.

2. "Endorsement by Metro" insinuates trampling on civil rights or always favoring a police officer witness or litigant over a civilian.

3. "Endorsement by businesses" suggest no justice for injured guests or patrons of business establishments in civil actions.

4.  A "no nonsense" demeanor in court intimidates the truthful and candid more than it does the liars and cheats (who are used to being suave).  This results in favorable rulings to sociopaths that can lie to your face over nervous people that are intimidated by the process, but truthful.  Be nice to everyone but study the testimony critically. Judge Judy is fine for entertainment--not justice--be more like the dignified Judge Wapner.

5.  If there is even the slightest chance you, the judge, do not fully comprehend the law on a matter, it is better to take the matter under advisement until you do, than to trample on a litigant's rights through ignorance.   We understand that parties want swift justice and opinions, but not at the sacrifice of common sense and the spirit and letter of the law.

6.  A judge should never rule wrongly against someone based on the judge's thought that the person cannot afford to appeal. Appeals are too expensive for most.  Asking friends and relatives to vote you off the bench in a recall or election is cheaper than appealing, in many instances.  It also paves the way for other lawyers to run against you.  I have heard it more than once in casual conversation, “I’m running against that judge because anyone, even me, is better.”

7.  Embarrassing a lawyer in open court in front of his or her clients is going to engender hatred.  The proper thing to do is to call a quick sidebar and speak privately to a lawyer regarding the lawyer's conduct in court, not to order the lawyer in open court to sit down and be quiet. (This applies to hearing masters, commissioners, judges, and anyone in a judicial capacity).  Sometimes a lawyer is posturing for the sake of the client, not for the sake of earning money.  Sometimes the other side has to know that they are up against an advocate who will not allow abuse to continue.  When a judge silences this advocacy, the judge could be seriously negatively affecting a just settlement.  Not all lawyers who are forceful in court are so because they are getting paid to be, some actually believe in their cases, clients, and justice.

8. Judges who scowl and treat those before them as though they have no dignity deserve no dignified respect in return.  Judges can be rude and then utilize contempt power if a lawyer stands up against it.  Judges who act rudely besmirch the entire justice system and grow antipathy against it. Such bad apples should voluntarily step down or undergo an attitude adjustment.

9.  Judges engaged in sexual relationships with the lawyers that appear before them create a perception of bias and the community should not tolerate it.

10.  Judges should have no financial interests in the consequences of their rulings.  This goes beyond merely ruling based on potential election results and includes ruling when the judge, or the judge’s friends and family, own interests in businesses that can be affected by a decision.

If you are a lawyer and believe that this list is missing some suggestions, please leave them in the comments below:

Grandparents Visitation Rights in Nevada (702) 809-6904

(702) 809-6904


Grandparents and other nonparents are typically not entitled to visitation with a minor child as a matter of right because there is a recognized presumption that a parent’s desire to deny visitation is in the best interest of the child.  However, pursuant to NRS 125C.050, a grandparent or other nonparent may be granted judicially approved visitation rights in some instances.  The first issue presented in this appeal is whether the stipulated visitation order between a parent and a grandmother was a final decree entitled to res judicata protections.  The Nevada Supreme Court concluded that it was, so we must next examine whether the parental presumption continues to apply when a parent seeks to modify or terminate a nonparent’s judicially approved visitation rights with a minor child.  We conclude that the parental presumption applies at the time of the court’s initial determination of a nonparent’s visitation rights.  However, when, as in this case, a parent seeks to modify or terminate the judicially approved visitation rights of a nonparent, the parental presumption is no longer controlling.


Case of Rennels v. Rennels August 4, 2011


Child custody in Las Vegas and child support in Las Vegas

(702) 809-6904 Family Law Consultation for $100

If you have a family law concern (involving divorce, custody, relocation, and support) you may collect all of your evidence and create a list of questions then schedule a half hour consultation in person with attorney Anthony Wright at 5820 S. Pecos  Suite 200 (near Russell Rd.)

Both parents and child move from Nevada, no more jurisdiction in Nevada

The Nevada Supreme Court issued a decision on November 23, 2011 in Friedman v. District Court that definitively declares, at least for now, that when both parents and the child leave the State of Nevada to live elsewhere, Nevada loses its exclusive and continuing jurisdiction to decide matters for the family. Prior to November 23, 2011, legal minds differed on this, but now it is certain that the new court to decide matters is where the child takes up home-state residence.

If you need a Las Vegas divorce attorney, please call us.

(702) 809-6904 Do mothers have superior rights to fathers in Nevada?

This is not an easy “yes” or “no” answer and anyone who has a child out of wedlock should consult an attorney as soon as possible.  Below are a number of reasons why the question is hard to answer:

• ·      At birth, it is clear who the mother is, but the father may not be clear.
• ·      If a man knows himself to be the father, he can voluntarily establish his paternity by signing a “declaration of paternity”.
• ·      If a father does not declare his paternity, he may actually be the father, but no one can be sure until he establishes it via court order.
• ·      However, if the father was married to the mother either during the pregnancy, or shortly thereafter, his paternity is presumed.
• ·      Now, if the father asserted his paternity or his paternity is presumed, then the father has equal rights to the mother until a court order says otherwise.
• ·      However, if the father has not asserted his rights by signing a declaration of paternity at the time of birth, or marrying the mother, or getting a court order establishing paternity, then he is not a “parent” under the law and he cannot assert his parental privileges.
• ·      If the father did not assert his paternity, then the mother has primary physical custody by operation of law—and the mother can pretty much do what she wants as far as raising the child until a court order says otherwise (including moving out of state, etc.)
• ·      If, however, the father established his paternity, even if the mother gets primary custody, the mother is restricted from violating the father’s rights and cannot do as she wants without risking punishment from the courts.

We have assisted both mothers and fathers with regard to child custody, child support, visitation, and relocation and can assess your case during an inexpensive half our consultation, which may lead to hiring our services.

Child custody in Las Vegas and child support in Las Vegas

We help with child support in Las Vegas and Henderson.

We help with child support law in Las Vegas and Henderson.

Congratulations to Nevada Bar passers in 2011

The Wright Law Offices welcomes Jose Valenzuela and David R. Jacks, Jr. into the Las Vegas legal community as they have just passed the bar exam. The Nevada Bar exam is one of the most difficult to pass in the entire United States, bespeaking the intelligence and dedication of those who succeed.  The Nevada Bar Exam Results for 2011 will be posted soon on the NV Bar website.

Is your child being made stupid in Las Vegas?

If a Clark County School District school gets a failing grade in educating your child, spare your kid the title of "stupid American" and yank the child out of the school.  Consider the k12 program, which you can learn about at:

http://www.k12.com/nvva

An easy way to know if your child is being made stupid is to find out if, after third grade, it can multiple in it's head numbers like 3x8.  If your kid cannot do even basic multiplication, addition, subtraction, or division by fourth grade, consider whether you could at it's age. If you could, then you were smarter than your kid and probably are more successful at your age now than it will be.


Note: "it" in this post refers to a child without regard to it's sex, gender, or orientation.

Oath of a Nevada Lawyer

       I, Anthony M. Wright, do solemnly affirm that I will support, protect and defend the Constitution and Government of the United States, and the Constitution and government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of attorney, on which I am about to enter; under the pains and penalties of perjury.

--2005
Sworn in by Eric Dobberstein

New Nevada Traffic Law About Cell Phones and Driving

Here are some important new traffic laws passed by the 2011 Nevada Legislature. A short description of each is followed by its effective date, legislative bill number and applicable Nevada Revised Statute or NRS Chapter.

No Texting and Hands-Free

Texting, accessing the internet and hand-held cell phone use while driving are now illegal in Nevada.

You can talk using a hands-free headset and, while making voice calls, touch the phone to “activate, deactivate or initiate a feature or function on the device.”

The fines are $50 for the first offense in seven years, $100 for the second and $250 for the third and subsequent offenses. Fines are subject to doubling if the offense occurs in a work zone. The first offense is not treated as a moving violation for DMV and insurance purposes.

Exceptions include:

• Any person reporting a medical emergency, a safety hazard or criminal activity.

• Drivers using a voice-operated navigation system affixed to the vehicle or those riding in autonomous vehicles.

• Drivers using citizen band or other two-way radios that require a license and have a separate, hand-held microphone.

• Law enforcement officers, firefighters or emergency medical personnel acting within the scope of their employment.

• Utility workers responding to an outage or emer- gency and using devices provided by the company.

• Amateur radio operators providing communications services during an emergency or disaster.

These new laws are effective October 1, 2011. (10/1/11 – SB 140 - NRS Chapter 484B)

From:  http://www.dmvnv.com/pdfforms/qtlaws11.pdf

Flat Fee Family Law Legal Services in Nevada, we now offer

Many law firms do not offer flat fee services for family law, however, at The Wright Law Offices, we offer three payment plans, including "unbundled services" which is flat fee.  If you are interested in learning about affordable pricing for divorce, child custody, and other family matters, please visit our website at:

http://www.familylawyerlasvegas.com/#!legal-fees-and-plans


You pay a flat fee for a specific task, such as preparing a motion and appearing at a hearing.  The fee will be discussed at the initial consultation if you want to use this plan.  The lawyer shall immediately withdraw from the case as soon as the agreed upon task is over.

The attorney shall require a flat fee based on the anticipated amount of time to complete the task.



ADVANTAGES:

You will not have to come up with a large retainer since the attorney will only be handling specific tasks.

DISADVANTAGES:

You may pay more per hour than you would with the other plan because the issues may be resolved quicker.

Everyone in the case, including the judge and the opposing party, will know that your lawyer will withdraw from the case immediately after the tasks are performed.

Call The Wright Law Offices when you think:  I need a divorce lawyer.

Need a divorce lawyer

Someone stole child care services?

OBTAINING CHILD CARE WITH INTENT TO DEFRAUD

NRS 205.870 Definitions. As used in NRS 205.880 and 205.890, unless the context otherwise requires:
1. “Care” includes board, laundry, lodging, teaching, incidental materials and supplies, necessary articles of apparel or clothing and necessary medical, nursing or hospital service for which a child care establishment is liable.
2. “Child care establishment” includes any children’s home, day nursery, kindergarten, nursery school or other similar establishment however designated, maintained or operated for the care of children for compensation or hire.


NRS 205.880 Obtaining care for child in child care establishment with intent to defraud keeper or proprietor; penalty; exception.
1. Any person who obtains care for any child in any child care establishment with intent to defraud the keeper or proprietor of that establishment is guilty of a misdemeanor.
2. This section does not apply where there has been an agreement in writing for delay in payment for a period exceeding 10 days.

NRS 205.890 Prima facie evidence of intent to defraud. The obtaining of care for a child in a child care establishment by means of any false pretense or representation, knowingly made, or the refusal or willful neglect to pay for that care, or the giving in payment for that care of any negotiable paper on which payment is refused, or the removal of a child from such an establishment without paying or offering to pay for the child’s care, or the surreptitious removal or attempt to remove a child from that establishment, is prima facie evidence of intent to defraud the keeper or proprietor of that establishment.

Judged By The Company One Keeps

One night in late October,

When I was far from sober,

Returning with my load with manly pride,

My feet began to stutter,

So I lay down in the gutter,

And a pig came near and lay down by my side;

A lady passing by was heard to say:

"You can tell a man who boozes,

By the company he chooses,"

And the pig got up and slowly walked away.

Author Unknown

The Wright Law Offices is Launching a New Las Vegas Family Law Website Related to Divorce, Custody, Support, Relocation, and More

http://www.free-press-release.com/news-the-wright-law-offices-is-launching-a-new-las-vegas-family-law-website-related-to-divorce-custody-support-relocation-and-more-1314001908.html

Check out our new website at:

http://www.familylawyerlasvegas.com

(702) 809-6904 Changing your Name in Nevada

A person may want to change their first, last, or middle name for some reason in Nevada.  Maybe a name is misspelled on an important document, maybe a person want to commemorate a lost loved one by adding their name as a middle name, maybe a person has changed gender and wishes a new name, or maybe the name must be changed during or after a divorce.  There are numerous reasons and the courts must follow the law.  The Wright Law Offices can assist a person in obtaining a court order that will allow them to change their legal name on other legal documents, such as driver's licenses.

Interesting story on Las Vegas Divorce law

http://kvvu.m0bl.net/w/main/story/35548757/

According to the article, people don't just come to Vegas to have bachelor parties, get married, and/or get quick divorces, they also come here to celebrate their divorces. They party with their new found liberation.

(702) 809-6904 Family law consultation for $100. Inexpensive Legal advice.

If you need affordable legal advice, you may schedule a half hour consultation with attorney Anthony Wright.  Bring $100 cash and a list of questions and any documents you want him to review.

Mr. Wright handles most aspects of family law including divorce, child custody, support, and relocation.





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Family law specialist and expert designation in Nevada

In Nevada, the State Bar decided a few years ago that for a fee and after undergoing certain requirements, a Nevada lawyer could be designated a specialist or expert. Any lawyer who says he or she is a specialist must have been designate such by the Nevada bar or they are lying to you.

Many family lawyers do not acquire the specialist designation because they get plenty of business without the designation. Domestic relations specialists tend to charge a lot more for their services than do regular attorneys and for routine family law matters expert divorce attorneys are not required to ensure good service.

That said, if you are very wealthy and going through a divorce involving division of complicated assets, expert family lawyers are recommended. The Wright Law Offices, PC can assist in locating a family law specialist if one is needed.

Call The Wright Law Offices when you think:  I need a divorce lawyer.