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Overcoming the parental preference to obtain custody

Recently, the Brewer Blau Law Group obtained sole legal and sole physical custody for grandparents over the opposition of a parent. The law favors parental custody. The United States Supreme Court has determined that being a parent is a fundamental right. However, in Nevada, it is possible for someone other than a parent to overcome the parental preference and obtain custody of a child.  NRS 125.500  mandates that in order to award...

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Interspousal Torts under Landreth

The Brewer Blau Law Group recently filed a Landreth v. Malik motion to remove a husband’s tort claims against wife from civil court to be consolidated with their divorce.  The issue: Can a spouse sue the other spouse in civil court when they have a preexisting divorce action in family court which involves facts which substantially overlap those that will determine child custody and support?  The Supreme court of Nevada seems to...

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The Doan case holding remedied

AB362 was recently signed into law, formally adopting the law of partition of omitted assets (effective October 1, 2015). This law remedies the onerous holding in the Doan decision, which made it relatively easy for a spouse to avoid community property distribution of an asset that would otherwise be partitioned.

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Child Support In Nevada

Currently, child support in Nevada is largely a creature of statute. If a party has primary physical custody, the other party will be ordered to pay a fixed percentage of their gross monthly salary (before taxes) depending on the number of children supported. In a joint physical custody situation, the court will compare incomes, calculate statutory child support and offset one from the other. There are deductions from statutory child...

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The Bluestein Case and its effect on custody modification

The Supreme Court of Nevada recently issued its ruling in Bluestein v. Bluestein.  Before Bluestein, a party could seek reclassification of joint physical arrangement to one of primary if it could be shown that one party has de facto primary physical custody, i.e. the other party did not exercise custody at least 40% of the time over the past calendar year.  As long as such a reclassification was in the best interest of the child, the...

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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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