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Las Vegas Divorce Law Blog

Paternity disputes in Nevada

In Nevada and across the nation, fathers are expected to help support their children. However, there are situations where a man suspects that he may not be the father of a child. The state will order tests to determine the paternity of the child in question in several situations. If a man believes he may not be the father of the child, then he can write a letter to the Chief stating his concerns and requesting further testing.

The courts will also require paternity testing if the mother or guardian of the child does not know who the father is and provides the Chief with the names of more than one individual. There are also situations where the courts may believe that the validity of a paternity claim is in question.

Understanding presumptions against domestic violence perpetrators

Nevada parents who have a history of domestic violence have an uphill battle in acquiring child custody. There are certain procedures that a court must follow if it finds that a person committed domestic violence before he or she can pursue custody.

The court presumes that awarding sole or joint child custody to a person who has a history of domestic violence is not in the best interest of the child. However, this presumption can be rebutted. A history of relevant domestic violence incidents pertains to any acts of domestic violence that are made against the parent of the child, the child him or herself, or any other individual who resides with the child. If the court determines that there is a history of domestic violence, it must establish findings of fact that support that this violence transpired and that the custody arrangement or visitation arrangement will protect the child and any other victim from future acts of violence.

About third-party visitation rights in Nevada

There are times when grandparents or other relatives may wish to seek visitation rights for a minor child. Fortunately for them, Nevada law provides some situations in which courts can grant visitation to third parties such as grandparents.

In some circumstances, a parent will restrict the rights of grandparents to visit a child. In those cases, if the other parent is deceased, separated or divorced from the parent or has had his or her rights terminated, the grandparents who wish to see the child can file a request in court asking for an order allowing them to do so.

What are the penalties of stalking in Nevada?

Like many other laws, the definitions and penalties related to stalking vary by state. Nevada has clearly defined statutes which protect victims of stalking, and this applies whether or not the victim knows the perpetrator. A person is considered to be guilty of stalking in Nevada if they maliciously or willfully act in a way that harasses, intimidates, frightens or terrorizes a reasonable person. Additionally, if a victim fears a household member or a family member due to this behavior, it is also considered stalking.

There are other definitions of stalking in Nevada law, and each definition carries different penalties. In most situations, a first offense is considered a misdemeanor. Any subsequent conviction, however, would result in a charge at the level of gross misdemeanor.

How custodial parents can get child support that they are owed

If a noncustodial parent is ordered to pay child support, there are steps that the state of Nevada can take to compel compliance. Noncustodial parents who work but do not pay child support could see their wages garnished to fulfill their obligations. An order to withhold income from a noncustodial parent's paycheck will apply to all future employers assuming that the court knows where the parent works.

A withholding order may also be issued for any other source of future income. In the event that a noncustodial parent does not have a job or other assets to pay support, the court can order the parent to find a job. After employment has been found, it is the parent's responsibility to notify the court of such employment. The court may also intercept federal or state income tax refunds and use that money to fulfill child support obligations.

Providing professional support during divorce

If you are facing a divorce that involves dividing a large business or considerable assets, our lawyers may be able to make sure that you and your spouse agree on a fair and smooth division of your property. We have the knowledge and experience to resolve complex issues surrounding substantial assets while helping couples to avoid controversy and stress. Our lawyers have experience in litigation issues in Nevada and have worked for more than 20 years in the field.

The process of evenly dividing substantial marital estates can be complex. However, our lawyers may be able to work out a variety of issues facing complicated property division issues. We can effectively handle a wide variety of marital assets in connection with estate planning issues, substantial assets, family business assets and business valuation.

Divorcing billionaire claims to have paid wife millions already

Nevada hedge fund investors may be interested to hear that Kenneth Griffin, the founder of Chicago-based Citadel LLC, claims to have paid millions of dollars to his wife under a prenuptial agreement. The billionaire made the claim in documents that were filed in an Illinois state court on Oct. 2. Griffin has been going through a divorce with his wife of 11 years after the pair went through a period of separation. His legal papers say that his wife accepted a payment of $20 million in December 2005 as an advance on the total of $22.5 million she would receive as part of a prenuptial agreement if they divorced. Later, he paid her another $5 million.

He claims that he has also given his wife a 50 percent stake in the $11 million home that they own in Chicago. The court filing argues for the agreement to be enforced, claiming that the billionaire's wife negotiated the contract with the help of three law firms and made changes for her benefit to ensure her financial security and independence for life if their marriage ended.

What types of domestic violence are there?

Domestic violence takes many forms and is not just when someone physically assaults an intimate partner. In general, domestic violence occurs when one person in a relationship exhibits an abusive pattern of behavior aimed to control the other person. Victims can be of either gender and any age, and they can come from all socioeconomic statuses and educational backgrounds.

People may not recognize their own or their partner's behavior as indicative of abuse, but understanding the forms it can take can help people either change or get out of a bad situation. Domestic violence includes physical, emotional, sexual, economic and psychological abuse. It also includes such things as stalking, threats and cyberstalking.

Food Network star couple file for divorce

Food lovers in Nevada may have read the recent reports that Pat and Gina Neely have filed for divorce. The couple has been a fixture on the Food Network and own a Memphis-style barbecue restaurant in New York City. They also owned a restaurant in Memphis, which was recently closed. In addition to the restaurants, the Neely's have written several successful cookbooks.

Although the couple seemed to compliment each other on television, they cited irreconcible differences in the divorce filing. The Neely's have said that they would continue to be active in the lives of their adult daughters and would remain friends. They also said that they would work on strengthening their own brands. Currently, Pat Neely is moving forward with a business partnership with Family Dollar while Gina Neely is working with Green Giant.

Child custody in Nevada

Nevada courts would rather deal with custody agreements instead of disputes. However, if an agreement cannot be established, then a judge can make a decision regarding legal and physical custody.

Legal custody refers to a parent's right to have a say in a child's upbringing. Issues pertaining to education, medical treatments and religion fall under the legal custody category. When a parent has legal custody rights, he or she has access to any school or medical documents. Typically, parents with legal custody may participate in school-related events. Unless otherwise declared or stated, both parents are granted equal legal custody rights.