CARR LAW OFFICE

The Carr Law Office has experience handling all types of child custody cases, both incidental to divorce and for parents that have never been married.  Our firms had handled cases of initial custody determination, modification of custody and motions to relocate a child out of the state of Nevada ("move cases").

In any case inolving children, parents are required to attend a "Cope Class."  These classes are offered by Palo Verde Child & Family Services.

FREQUENTLY ASKED QUESTIONS

I was divorced several years ago and I have a 9-year-old daughter.  I have a great job offer in Texas.  Can I go?

Maybe.  In order to move your child out of state you need either the written permission of the other parent or approval of the court.  If the other parent will not consent for you to move out of state, you will need to file a Motion and request that the court allow you to go.

A woman and I had a son together.  We were never married and we have never been to court. Seven months ago she moved to Colorado.  Now I want to file to get custody of my son.  Can I do that?

Yes, but you must file in Colorado.  Under the Uniform Child Custody Jurisdiction and Enforcement Act, Nevada loses jurisdiction six months after the child leaves the state.  In other words, if your child leaves Nevada with the other parent, you have six months to file the appropriate papers here requesting that your child be returned here for custody to be established; otherwise be prepared to litigate in another state.

My husband has not paid his child support in six months.  Can I withhold visitation until he pays the back child support?

No! Both parents must abide by any Court orders. The fact that one parent is not complying with an order is insufficient grounds for you to disregard your obligations. In fact, denial of visitation is grounds for the court to award primary custody to the non-custodial parent. The correct remedy when the non-custodial parent is not paying support is to return to Court and seek the orders necessary to collect the unpaid support. Collection measures may include wage garnishment, seizure of bank accounts or even imprisonment.

My wife says that the Court will automatically award her primary physical custody just because she's the mother, is this true?

No. Nevada Revised Statute 125.480 prohibits the Court from using that as a factor in determining custody. Generally, the Courts strive to award "joint physical custody," in which each parent gets approximately the same amount of time with the child.  However, the Courts consider several factors when determining custody, some of which are grounds to give one parent primary custody.  Among the reasons a Court could award one parent primary custody is if the other parent has withheld visitation, is uncooperative, has committed domestic violence, has abused or neglected the child, or has mental or physical health problems.  Once a child reaches sufficient age (usually 12-14) the Court can also consider his or her wishes.

My husband and I were awarded Joint Legal Custody, what does that mean?

Legal Custody involves rights to receive information about the child and to make decisions affecting the child.  It should not be confused with Physical Custody, which is where the child lives.  Joint Legal Custody is awarded in nearly every case and parents seeking Sole Legal Custody should be aware that they probably will not receive it.  Even parents in prison often keep Legal Custody of their children.  For more informaion about what Joint Legal Custody includes, see our "Joint Legal Custody" provisions.  The are basic rights and responsibilities outlined by the Court in countless cases.  This document also contains the required Child Support Notices and Child Custody Notices which must appear in any document involving children.