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Modification of Custody In Nevada Under Rivero

In 2009, The Supreme Court of Nevada, in the Rivero v. Rivero case created a bright line 40% threshold of “custodial time” over an applicable look back period that a parent must exercise in order to maintain, or obtain, joint physical custody. Although a trial court must still make specific findings concerning best interest of the child, the Rivero case created an alternative method of modifying custody orders by looking back...

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Community Asset Distribution

Often a client will want to keep encumbered community real estate for sentimental or investment reasons. However, this decision must be dispassionately assessed and made based on sound economics. Buying out the other party results in a cash payment, literally money in the bank, for the other party. The holder of the property has the potential for an increase in value, but, of course, there is no guarantee the value will appreciate.  If...

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The Nevada Appeals Court

This past November Nevada voters approved the creation of a “push down” appeals court. A push down court means that the Supreme Court determines what cases it wishes to hear (although some are mandatory) and what it wants to “push down” to the appellate level. Under amended NRAP Rules, family cases are presumptively pushed down, except for termination of parental rights cases and cases of first impression.  While...

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Relocation With Special Needs Children

The Brewer Blau Law Group has recently litigated several relocation cases which involved special needs child/children.   Relocation cases concern the primary physical custodian’s efforts to obtain an order permitting relocation with the minor child/children out of Nevada. These cases are usually contentious as the moving party must show that the move is in good faith and that the child/children will have an actual advantage at the...

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