Drawing on experience gained from years of practice,
we offer a vast array of legal services to our clients in the following areas:
Drawing on experience gained from years of practice, we offer a vast array of legal services to our clients in the following areas:
The decision to get married is one of the biggest decisions of your life. Unfortunately for some, it doesn’t always work out the way they hopedLEARN MORE
Child Custody is easily the most important aspect of any Family Law case. Every parent knows how much effort, sacrifice, and love goes into raising a child.LEARN MORE
How child support is determined and how much the client will have to pay or may receive are some of the most common questions that we get from clients when we first meet with them.LEARN MORE
The fastest process by which a marriage can be dissolved is the annulment.LEARN MORE
This common term for the legal Sperate Maintenance Decree spells out financial responsibilities between spouses, especially regarding control of property.LEARN MORE
Petitioning the Court for a name change is a right available to anyone. Well, almost anyone.LEARN MORE
Paternity represents the assigning of legal responsibility for a child onto a person. Typically, paternity deals with assigning a father’s responsibility, as the mother is most often known.LEARN MORE
One common question that we get from our clients in nearly every Las Vegas Divorce case is whether alimony will be awarded.LEARN MORE
DOYLE LAW GROUP
- Aggressive Client Representation
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An easy and worry-free experience.
I retained the services of Kerry Doyle, he was truly awesome. I can't say enough about his professionalism and ability to deliver great results in such short notice. I'll be forever grateful to Kerry given my case involved my child and us being reunited again. Thank You, Kerry.
Kerry did an amazing job
in helping me with my custody case. He thoroughly explained the entire process and went over all possible outcomes. At the end of the day, I ended up getting a better result then I was expecting. Thank you Kerry for making this extremely stressful process a walk in the park!!
What is Legal Custody?
After filing a complaint for custody or even discussing the terms of a possible custody decree, the terms legal custody and physical custody come up almost immediately. Many of our clients are surprised to learn that there are two types of custody that are decided in every Las Vegas child custody case.
Legal Custody includes the ability to make major decisions regarding the child, including the child's health, education, and religious upbringing. Rivero v. Rivero, 216 P.3d 213, 125 Nev. 410 (Nev. 2009). Sole legal custody would allow one parent to make these decisions, while joint legal custody requires both parents to make these decisions together through communication and compromise to act in the best interest of the child. If one parent refuses to consult or communicate with the other parent, the Court could decide that joint legal custody is not in the best interest of the child and award the other parent with sole legal custody.
Legal custody is not the amount of time spent with your children. While that may have some relevance on whether you are awarded joint legal custody or sole legal custody, it is not your time share by definition. In fact, a legal and physical custody arrangement can be completely opposite of on another. For example, one party can be awarded joint legal custody, while the other party is awarded primary physical custody.
What is Physical Custody?
Nevada law has defined physical custody as the time that the child physically spends in the care of a parent. Rivero v. Rivero, 216 P.3d 213, 125 Nev. 410 (Nev. 2009). During this time, the child resides with the parent and that parent provides supervision for the child and makes the day-to-day decisions regarding the child. Id. Parents can share joint physical custody, or one parent may have primary physical custody while the other parent may have visitation rights.
Many parents are surprised when they learn, that Joint Physical Custody does not mean an exact 50/50 split of time. Joint Physical Custody is defined as at least 40% of the time, or 146 days per year. The Court allows some flexibility in the time share to account for the variations in a child’s schedule.
Can a dad be awarded joint or primary physical custody?
In Nevada, there is a preference that joint physical custody be awarded. Additionally, if there are no prior Court orders regarding custody, parents share joint custody until otherwise ordered by the Court, regardless if the parents are married or not. NRS 125C.0015. However, once either parent seeks Court intervention, the Court will look at several factors, including what the schedule the parents have been following.
In determining custody of a minor child, the sole consideration of the court is the best interest of the child. Rivero v. Rivero, 216 P.3d 213, 125 Nev. 410 (Nev. 2009). The State of Nevada, prefers that parents are awarded Joint Physical Custody regardless of sex or marital status. NRS 125C.0025. The Nevada legislature has also provided attorneys and parents with several factors to consider when looking at the best interest of the child in NRS 125C.0035. Some of the things that the Court will look at are:
- The wishes of the child if the child is old enough;
- The level of conflict between the parents;
- The mental and physical health of the parents;
- Whether the child has siblings that live with one of the parents;
- Whether one of the parents has committed domestic violence against the child or someone living with the child;
- Plus many more
Ultimately, the Court prefers that the parents determine what is best for their child and will encourage resolution. However, if the parents can’t agree, then the Court will make the determination at trial.
Will I get Alimony/Will I have to Pay Alimony?
This can be tricky because unlike the calculation for Child Support, there is no statutory calculation for Alimony. The individual circumstances of each case will determine the appropriate amount and length of any alimony award. Shydler v. Shydler, 114 Nev. 192 (1998). Thus, it is up to the Court after taking into consideration the case law and statutory provisions.
Under NRS 125.150, some of the factors the Court will look at include:
- The financial condition of each spouse;
- The value of separate property of each spouse;
- Duration of the marriage;
- The income, earning capacity, age and health of each spouse;
- The career before the marriage of the spouse who would receive the alimony.
There are several other factors as well, but this gives you a general idea.
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Doyle Law Group is your best bet for a Henderson or Las Vegas Attorney. A 5-Star Law Firm!