United States Supreme Court Hearing International Child Custody Case

Family law such as divorce and child custody cases are usually kept at the state level.  Very rarely do the federal courts get involved.  The most common time a federal court has anything to do with a family law matter is in bankruptcy court when a divorced or divorcing couple is also going through bankruptcy.

For a case to go before the United States Supreme Court is rarest of all.  However, right now, the United States Supreme Court is determining the fate of a young girl in an international child custody case.  The father is a United States serviceman located in the United States and the mother lives in Scotland.  Both want the daughter with them.  

Allegations have flown back and forth in this case, much like most child custody case, including that the mother is known alcoholic and therefore the daughter's best interest would not be to be her care.  The mother was arrested for attacking a cab driver and domestic violence in 2010, and was deported in 2011.

Read more: http://www.foxnews.com/politics/2012/12/06/soldier-international-custody-battle-over-daughter-reaches-us-supreme-court/#ixzz2EI8FiE99

The major part of this decision will involve interpreting an international treaty called the Hague Convention. The Supreme Court's written decision in this case will have immediate and far reaching consequences on international family law disputes and a future article will have to be dedicated to that decision.

Federal Judge in Nevada Just Banned Gay Marriage

Judge Robert Jones, a federal judge appointed by President George Bush, just decided a case in favor of heterosexual marriage and denying homosexual or same sex marriage.

Judge Jones, who was educated at Brigham Young University, has been a federal judge since 1983 and has raised four children.  Judge Jones has never been a family court judge in Nevada.

His rationale in denying same sex marriage in Nevada is that he believes that if Nevada allowed same sex couples to get married, straight couples would stop getting married because they would no longer take the institution of marriage seriously. Thus, he states, Nevada has a rational basis for denying a fundamental right to marriage.  Judge Jones clearly believes that the institution of marriage should follow the religious and traditional definition of marriage.

Temporary Child Custody or Support Orders

What is a Las Vegas temporary order in family court?

Fathers may find 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.

Mothers may have a husband who is no longer 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 work until the court has entered a permanent order following a trial, also called an evidentiary hearing.

No legal question is too big, no legal question is too small.

Asked and Answered questions and answers.

Question:

I left Ohio with a traffic warrant and now live in Nevada.  Will my warrant show from Ohio if I get pulled over?

Answer:

Yes.

Question:

If I slip on a broken jar of Mayonnaise in a store, can I sue?

Answer:

Yes.

Question:

Can you get arrested and go to jail for months for texting on a cell phone in Las Vegas?

Answer:

Yes.

Question:

Caller was approached to serve on board of HOA but wife is the only one on the title of the board.  Can he still serve on the board.

Answer:

Nevada is a community property state, so even if husband's name is not on the title, he is still a home owner and the HOA should not be able to stop him. Even if he has a long term lease to live there, that should probably be sufficient.

Question:

Wife put in a reasonable accommodations request with a local business, but the business denied the request under the American's with Disability Act.  Who is a good labor law lawyer to look at this?

Answer:

You need an employment or labor lawyer who works with the ADA.  There are no penalties built into the ADA.  There are a lot of laws to protect the casinos and the services oriented industries in Nevada.  Call 484-2222 for more information.

Question:

Had phone on speaker mode while driving and put the phone in his lap as he went through the intersection.  Cop wrote him a traffic ticket for not using a hands free device.

Answer:

Louis believes this is legit and the caller could fight because, what if you put the phone on speaker in your breast pocket--hands free.
Marc believes it has to be blue tooth or through the car speaker.  Marc offered to handle ticket for free.

Visitation with the children over the holidays.

If your ex is already talking about denying you visitation of your children over the holidays, you need to hire a Las Vegas family lawyer as soon as possible to get before a judge.  The holiday season sometimes brings out the worst in people, and the worst in parents is usually their treatment of their children and the other parent.

Let us assist you in dealing with your ex, the other parent, in a Las Vegas family court.  You should not procrastinate, especially if your rights to see your child are pretty limited already.

What are high asset divorces?

Now that the stock market is recovering, investment accounts are rising in value, and deferred compensation is returning, high-income individuals facing divorce are again dividing assets instead of only debts.

The courts call divorces involving retirements and high-income individuals, “high asset divorce cases,” and it is crucial to retain a qualified divorce attorney who is experienced with both family law and high-income individuals due to the complexity of the assets involved. Married couples with accumulated property and wealth are considered “high asset” when there are pensions, cars, boats, real estate, securities portfolios, business partnerships, stocks, investments and bonuses to be considered in a divorce.

After you have hired your family law attorney, it is time to consider hiring a tax accountant and financial/tax specialists.

In high asset divorce cases, issues to consider include:

·      Actual legal ownership of all property prior to divorce
·      The actual legal ownership in the event of a settlement
·      The actual legal ownership following a trial and judgment
·      The tax considerations of dividing assets
·      Worth or value of all assets
·      Security clearance for certain jobs and the consequences of divorce, debts, bankruptcies, and foreclosures
·      Community Property
·      Separate Property
·      Gifts
·      Prenuptial agreements and ante-nuptial agreements
·      Post-nuptial agreements and marital settlement agreements
·      Which of the three would be most productive: trial, mediation, or settlement negotiations

When you want equal custody of your child or children in Las Vegas...

When you are facing a Las Vegas family law matter involving dividing your child or children, you must consider your parenting plan schedule that will work with your work or school schedule and that of the other parent. You may want to equalize the time-share, creating a fifty-fifty arrangement. We include below some examples of fifty-fifty time-share arrangements. 

Please realize, however, that you can have as low as forty-sixty time-share and still be consider a joint physical custodian of your child or children.   Also, the forty percent calculation is determined by looking at an entire year, not a week-to-week basis.  This law comes from the Nevada decision in Rivero v. Rivero.

Below we use “Parent F” and “Parent M” to refer to the two parents in a child division negotiation.

Alternating Weeks Parenting Schedule

This fifty-fifty parenting schedule is where the child is in the care of Parent F in Week 1 and in the care of Parent M in Week 2. This results in the child living with Parent M for 7 days in Week 1 and with Parent M for 7 days in Week 2.

5-2-2-5 Child Custody Schedule

This fifty-fifty parenting schedule is where the child is in the care of Parent F every Monday and Tuesday (2 days) and Parent M every Wednesday and Thursday (2 days) each week. The weekend time Friday through Sunday would be alternated (3 days) between the parents. This results in the child being in the care of Parent F for 5 days and Parent B for 2 days in Week 1 and in the care of Parent M for 2 days and Parent M for 5 days in Week 2.

3-4-4-3 Child Custody Schedule

This fifty-fifty parenting schedule occurs when the child or children is/are in the care of Parent F from Wednesday through Friday in Week 1 and Wednesday through Saturday in Week 2. The child would be in the care of Parent M from Saturday through Tuesday in Week 1 and Sunday through Tuesday in Week 2.

Sharing Holidays and Summer

It is common for the summer vacation time and holidays to be split between the parents. Many different manners of division of time-share for the summer time such as alternating weeks, alternating every two weeks, adding a larger block of time for vacation for each parent onto the regular schedule, etc. There are also many different ways holidays can be shared such as splitting the holiday time or alternating each year between parents. For example, the child can spend an agreed upon holiday with Parent F in even years and Parent M in odd years or visa versa.

The above are just examples of some common parenting plans for fifty-fitfy joint physical custody which can be altered and adjusted in many different ways to accommodate what’s best for the children, family situation and arrangements that are not an exact fifty percent timeshare.

Before you go to court or to mediation, you should consult with a Las Vegas family law attorney.  After your mediation and before you sign the agreement, you should consult with a Las Vegas family law attorney.  Failure to do so could result in legal consequences you may not have anticipated.

High asset divorce law firm

Couples facing divorce who have assets valued over $100,000, low debts, and no children, will likely fight over the division of these assets.  When love morphs to anger, an experienced divorce law attorney is important to provide objectivity and to fight for your rights.  If you do not get a divorce lawyer with years of experience, you risk losing your rights and could end up worse off than you were during the marriage.  Do not let this happen to you.

Call the Law Offices of Louis C. Schneider for assistance with your Las Vegas divorce.  Call as soon as possible and speak to no one else about your case except your Las Vegas divorce lawyer.  The more you talk about your divorce or child custody to people, the more potential witnesses there may be against you.  Do not post on Facebook, do not text, do not e-mail, and do not talk until you talk to us.

Call:  (702) 435-2121
Thank you for visiting our family law blog.

Token Efforts in Termination of Parental Rights

In Las Vegas, if your parenting skills are being called into question by the Department of Children and Family Services (DCFS), it is best to consult with a family law attorney right away.  You will need to know what the term "token efforts" means because, if you are guilty of token efforts, you can lose your children.  The Nevada Supreme Court has declared that termination of parental rights is akin to a civil death penalty.  This death penalty can be imposed if the parent makes token efforts.  Hiring a family law attorney to describe to you your obligations regarding your children is an important first step to ensuring that you will not lose your children to token efforts.

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 best 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, the best free advice a lawyer can give: consult with a local attorney—multiple times if necessary if you insist upon representing yourself.

Free information regarding jurisdiction in Las Vegas for divorce

Las Vegas is a popular destination for divorce.  In Las Vegas, if you reside here for six weeks with the intent to remain indefinitely, Las Vegas courts can gain jurisdiction over your divorce.  However, if children are involved in the custody process, then jurisdiction would not be established for the child custody unless the children have resided in Nevada for six months.  If you have a desire to get divorced in Las Vegas, you should consult with a qualified family law or domestic relations attorney who is licensed to practice las in Nevada.

We offer the additional below advice free of charge, but it could save you years of grief:

Call the Law Offices of Louis C. Schneider for assistance with your Las Vegas divorce.  Call as soon as possible and speak to no one else about your case except your Las Vegas divorce lawyer.  The more you talk about your divorce or child custody to people, the more potential witnesses there may be against you.  Do not post on Facebook, do not text, do not e-mail, and do not talk until you talk to us.

Las Vegas divorce, Free Advice:

A Las Vegas divorce lawyer will assist you through your divorce proceedings and provide you the best possible representation given the situation. A divorce in Las Vegas is no laughing matter.  It can haunt you across state lines and over many years.  It can affect child custody, jobs options, and many other facets of your life.  In effect, divorce is like death and can be liberating or depressing and it can affect your finances and future happiness.

If you have been served with a divorce in Las Vegas, you should hire a lawyer with experience handling divorce.  Louis C. Schneider, has been representing Las Vegas visitors and residents of Las Vegas for many years and has handled hundreds of family law matters, including divorce cases.

You need a Las Vegas divorce attorney who has experience.  Your attorney will review your chances for obtaining custody of your children, possession of your belongings, alimony, and child support.  Furthermore, a Las Vegas divorce lawyer shall look for weaknesses in your opponent’s case. A Las Vegas divorce attorney will interview witnesses and all evidence you present and the other side discloses.

It is necessary for a Las Vegas divorce attorney to do the above steps in order to negotiate a deal or prepare for a divorce trial (evidentiary hearing).  It is important to treat your divorce aggressively to foster the best settlement possible or to improve success chances at trial.

We offer the below advice free of charge, but it could save you years of grief:

Call the Law Offices of Louis C. Schneider for assistance with your Las Vegas divorce.  Call as soon as possible and speak to no one else about your case except your Las Vegas divorce lawyer.  The more you talk about your divorce or child custody to people, the more potential witnesses there may be against you.  Do not post on Facebook, do not text, do not e-mail, and do not talk until you talk to us.

Call:  (702) 435-2121
Thank you for visiting our family law blog.

Can same sex married couples get divorced in Las Vegas?

It is possible to get divorced in Nevada if you were married in another state in a same-sex marriage.   

Need a family law attorney for a divorce in Las Vegas?  Call a Las Vegas divorce law firm at  (702) 435-2121.

The Law Offices of Louis C. Schneider recently divorced a same-sex couple in a Las Vegas District Court.  The judge found that the United States Constitution, Fourteenth Amendment, provides that “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States […] nor deny to any person within its jurisdiction the equal protection of the laws.”

The court further found that “if there is state regulation impacting an individual’s constitutional rights, the burden is upon the government to show that the law is necessary to achieve a compelling government purpose.”

The judges ruled:

Cleary, same sex couples, either lawfully married in other states or wanting to become married, are similarly situated couples in relation to heterosexual couples, and therefore, are entitled to the same protection under the law.

An argument to maintain the “tradition of marriage” being between a man and a woman would result in maintaining the historical discrimination against same sex couples.  This argument would allow discrimination for the sake of tradition.  The U.S. Constitution does not discriminate.

The court found that is has “jurisdiction to divide property in this matter, and to divorce the parties under the full faith and credit clause, as [the parties] were married in California when California recognized same sex marriages."

Therefore, at least one family law judge in Las Vegas recognizes the power of a Nevada District Court to divorce same sex couples married in another state.  A precedent has been set, however it is possible that not all family court judges in Las Vegas would agree with this decision.

However, Nevada does recognize domestic partnerships, which after a few years would be treated like divorces in family court--therefore, it is possible that all judges could be persuaded to recognize out of state same-sex marriages for purposes to overseeing divorces.

When you consider that Nevada has also the most liberal jurisdiction requirements to get divorced, Las Vegas may be the place to come for a same sex divorce.  In order for a Las Vegas divorce court to have jurisdiction over a divorce, at least one of the parties has to live in Nevada for six weeks with the intent to remain indefinitely.

Your experienced divorce law firm in Las Vegas will fight to look out for your interest in a Las Vegas divorce court. You need a Las Vegas family law attorney who is experienced with divorce.  Las Vegas divorce attorney Louis C. Schneider who represents individuals in family law cases involving child custody and divorce.

Your family law firm in Las Vegas should be the Law Offices of Louis C. Schneider and Associates, which is located conveniently near the courthouse in Downtown Las Vegas.  Call a Las Vegas family law firm at  (702) 435-2121.

REQUIRED DISCLAIMER

The information about Las Vegas divorces contained on this page is not intended to be legal advice about family law.  A Las Vegas domestic relations lawyer should always evaluate your family law matter as soon as possible.  You should treat your divorce with the seriousness it requires and hire an experienced professional divorce law firm located in Las Vegas.