Showing posts with label rights. Show all posts
Showing posts with label rights. Show all posts

Wednesday, September 19, 2012

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.

Friday, August 31, 2012

Parental rights termination proceedings require a clear judgment

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

In April 2012, the Nevada Supreme Court ruled on a case involving termination of parental rights. The Nevada Supreme Court determined that the lower Nevada district family court must make express findings of fact in its written family court order, or on the record, when determining whether to grant or deny a petition to terminate a parent’s parental rights.  In that specific family case, the district court had failed to find facts by the clear and convincing standard required to terminate a parents 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 court terminating your parental rights.

When you say to yourself, I need an attorney for parental rights, call us.


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.

When you say, I need a criminal defense lawyer in Las Vegas, call us.