child custody

Why do I Need a Divorce Attorney?

Reno, Nevada divorce attorney

When a marriage is ending, it can be emotional and overwhelming. How the divorce is handled will impact your life and your children’s life long after the divorce is final. Asking yourself questions like “do I need to hire a lawyer?” and “can I represent myself in court?” are valid concerns. 

We recommend talking with an attorney about your legal options before beginning the divorce process or immediately after finding out about the divorce if you are on the serving end. Learning how the divorce process works can give you peace of mind. A divorce attorney can advise how to protect your rights and interests, especially if your spouse is likely to disagree with your requests.

Unless your marriage lasted a very short time, you and your spouse have minimal assets, and you and your spouse do not have children, you should seek legal representation. Skilled legal representation will help protect your assets and property, child custody, and support needed for both you and your children. Most divorces are not so simple. For those representing themselves, it’s common to overlook legal issues like taxes, division of retirement assets, allocation of debts and other issues.

Nevada Divorce Lawyer

A Nevada divorce lawyer will help you identify these items and ensure your divorce settlement addresses all legal disputes.  For more information, contact Work Law for a free consultation or read more about the divorce process.

 

Grandparent Visitation Rights

Grandparent Visitation Rights Attorney

Did you know under rare circumstances grandparents have rights to visit grandchildren? The court may allow visitation to a child’s grandparents if:

-        Parental rights have been terminated

-        The parent was never legally married to the other parent

-        The parent is separated or divorced from the parent with child custody

-        The parent is deceased

 

If a parent denies, or unreasonably restricts, a grandparent’s right to visit their child, Nevada law presumes that is in the best interest of the child. However, with clear and convincing evidence, Nevada court will consider grandparents visitation rights that are in the best interest of the child. 

The court will determine the child’s best interest by considering the following factors:

-        The grandparent and child relationship  

-        The grandparent’s mental and physical health

-        The child’s preference for visitation

-        The financial support and emotional support provided by the grandparents

-        The grandparent’s ability to provide child with material needs like health care, food, and clothing

 

Nevada Family Law Attorney

Every family is different. If you have been denied visitation rights, seek an experienced family law attorney. The process for determining the best interest of a child is complex. Contact Work Law today so we can help you regain your relationship with your grandchild.

Joint Petition Divorce in Reno

Joint Petition Divorce

If you need a divorce in Nevada, a joint petition may be a good place to start. 

Joint Petition Divorces in Nevada

Agreeing on divorce parameter as spouses make the whole divorce process simpler and faster in Reno. Sometimes you may not even need a family lawyer. Your divorce papers detailed or not ought to act in accordance with Reno NV divorce law. Uncontested divorce cases require the services of an uncontested divorce lawyer. This will help prevent future problems that arise from mistakes made in uncontested divorce cases.

Why you need help in uncontested divorce case

You are likely to pay a high price for the slightest mistake in an uncontested divorce case in the future. This is why it is imperative to make right decisions in regard to child support, child custody among others. The terms should be fair and acceptable by both of you and in accordance to Reno NV divorce law of course.

Don’t underrate any of the agreements or assume that it is not necessary to formalize them on grounds that you trust your ex-spouse to be. Remember that you are only sure about today and tomorrow is always a mystery. Here are the things you should not joke around with during the uncontested divorce case;

  • Your children; at least hire a family lawyer to provide you with a clear and all-inclusive parenting plans. A lawyer will help you understand your responsibilities and rights when it comes to your children `
  • Property division; in as much your spouse has no objection, it is important to include an attorney who will help you on debt and asset sharing during the divorce. This entails valuing assets, for instance, real estate, retirement benefits as well as business.
  • Alimony; taking time during the divorce, in order to come up with alimony terms is worth the wait. This entails the amount of money to be sent and when as it prevents future dispute.

In Nevada, an uncontested divorce law requires that spouses create a complete divorce settlement that suits all the needs of the spouses.

Understand the process of filing a joint petition

Here are some of the crucial issues on which both parties are supposed to agree in a joint petition.

  • Reasons for divorce
  • In case of children under age 18, there should be agreement on child custody, child support, medical insurance, visitation and the holiday schedule.
  • Community property and debt division.
  • Alimony condition

During the divorce process, at least you should include a third party. Such an individual will be a witness of a complete divorce process and see to it that you have all signed the agreements.

A joint divorce petition should be filed in the court within your country. Your petition packet ought to entail the following divorce joint petition; resident witness affidavit, the cover sheet and a Child Welfare Identification Sheet in cases where the couple has kids.

After that, you people should give the judge handling your case a copy of the filed documents as well as original divorce decree.

Divorce decree should have the agreements of the parties in regard to child's support, visitation, division of property and debts, alimony and custody.

The divorce decree should only be filed after bearing the judge's signature. After it is signed by the judge, go ahead and file with the clerk at your nearest court.

Finally, uncontested divorce cases are less stressful though you need to do everything right and within Reno Nevada uncontested divorce laws.

Call today for a free Family Law case evaluation. 775-386-2226 

Child Custody in Nevada

Work Law Blog - Legal and Physical Child Custody Differences, Explained

When is it time to hire an attorney?

Custody is at the center of most divorce cases. The courts often refer to custody as the “biggest mountain to move” when going through the court proceedings. Custody involves the most important aspects of a parent’s life, their kids. When parties cannot agree on the custody and visitation of their children, that’s when the courts step in and assist. This is when it’s wise to strongly consider hiring an experienced family law attorney in Reno, NV.

Why you need an experienced Trial Attorney:

If courtroom experience is important, Attorney Mathew Work should be at the top of your list. Attorney Mathew Work has tried hundreds of cases at trial. As a former Criminal Prosecutor, Attorney Mathew Work understands the complexities of trial and what it takes to win.

Legal vs. Physical Custody

In Nevada, there are two types of custody. Legal Custody refers to one parent’s ability to make life decisions for their minor child. The most common examples are what medical decisions will be made for the child, where the child will attend school and what religion the child will practice.

On the other hand, Physical Custody deals with where the child’s time will be spent. When parents have joint legal custody and joint physical custody, the parents have equal legal rights to the child. When one parent has primary physical custody, the majority of the child’s time will be spent with that particular parent.

Nevada Child Custody Attorney

For questions about your rights as a parent or grandparent, please feel free to call Attorney Mathew Work at 775-386-2226 or email him at WORK@WORKATLAW.COM.

Modification of Custody in Nevada

Work Law blog - Modification of child custody, process and explanation 

Modification of Child Custody

In life, things are constantly in a flux of change and sometimes a child custody might need to be modified. Some reasons could be abuse (physical, verbal, mental or emotional) from one of the parents.  There could be a failure to allow visitations, a move, unhealthy living conditions or a job schedule change or extremely unpredictable job hours. One parent may have been arrested or is currently incarcerated. 

Some other reasons for modification of custody in Reno could be the instability of a parent that is either emotional or physical.  Abuse does not have to come from the parent themselves but if they allow the child to be in the presence of friends, a boyfriend or girlfriend that abuse the child, or drugs or alcohol abuse by people that the child is in contact with and a parent does nothing to keep the child from these circumstances then a child’s safety is apparently at risk.  Involving the police in investigating these types of incidents can give you credible documentation to present in court or to your lawyer.  The protection and safety of a child is the job and responsibility of both parents.   

Neglect such as not providing medical needs, food, clothing or supervision is also unacceptable.  If a parent moves frequently, changes the child’s school or does not allow them to attend or a child is injured constantly in the care of a parent then Mathew Work can help you consider your modification. 

 

Child Support Payments

If a parent that is paying child support has their gross monthly income decrease or increased by 20% a recalculation of child support can be requested by either parent.  If a parent is fired with or without cause then the court may consider modifying child support.  If you did something wrong and got fired for it the court may still require you to pay child support since the child should not have to suffer because of what you did..  If you are laid off or there is a reduction in work this will not count against you.  If you do lose work it is best to file for unemployment right away and child support may be modified to reflect the amount you earn from unemployment.  Financial evidence should be given such as pay stubs or documentation from unemployment on how much your gross monthly benefits add up to. 

In Nevada, child support can be reviewed if one party asks.  It is also reviewed after three years and this could make the child support payments higher or lower depending on the gross monthly payments the parent is making that is paying child support.   

If you are planning to move to another area of the state you live in or out of state  completely it is a good idea to inform the court so they know your whereabouts and visitation may be changed if it is warranted.   

 

Child Support Attorney

Mathew Work, a Reno, Nevada lawyer, that works in family law, can help you modify your custody, either through mediation or filing a motion in court.  If a motion needs to be filed it must be done in the same court that ordered the initial custody arrangement.  The court may continue the initial arrangement unless credible or substantial evidence is presented to the judge.  A judge may consider the request of a child that can express their wishes to the court.  What a judge looks for is what is in the best interest of the child.  If two parties can agree on something in writing between their lawyers then a court hearing may not be warranted.  If you are served papers then take them to Mathew Work, a Nevada lawyer, and have them review them before you sign them.