Determining Custody When Your Child Has Special Needs

Little girl and father enjoying book together, laying on floor, parenting time

A family law case involving a child with special needs focuses primarily on his or her proven needs and achieving what is in the child's best interests. Special considerations have to be made when considering what is in the best interests of the child.

Read More

Considering a Child’s Developmental Needs When Determining Parenting Time

A boy is playing a car

Considering the developmental needs of the children is vital when determining parenting time. When parents separate or divorce, parenting time schedules are intended to provide a suitable solution to meet the child's health care, nutritional, educational, social, and emotional needs. A child custody attorney, mediator, or counselor can help parents determine the best parenting time solutions to ensure they are appropriate for their child's developmental level.

Read More

Don’t Let Your Custody Battle Turn You Into a Helicopter Parent

Mom with her son looking at camera

Custody disputes can bring out the worst parenting behaviors. Helicopter-parenting deprives the child(ren) of coping abilities, leading children to live more apprehensive, entitled, and ineffective lives. There are many manifestations of helicopter parenting. Awareness helps children of divorce have healthier development and relationships with their parents.

Read More

How Is Custody Determined in Nevada

Daughter drawing with her father together

Child custody agreements in Nevada address legal custody, physical custody, and visitation schedules. Typically, joint custody is favored when possible, unless it is not determined to be in the best interests of the child. When separated parents are on amicable terms, parenting agreements are generally constructed by the parents with assistance from a mediator when necessary. If there is a dispute that cannot be resolved outside of court, a Nevada judge will make a custody decision in the best interest of the child.

Read More

Marital Agreements

Marital Agreements Prenup

Surratt Law Practice, PC is a Reno, Nevada firm that can represent you in drafting and/or negotiating a prenuptial or postnuptial marital agreement.  Prenuptial agreements are a tool to address property and asset division before a relationship goes “sours” when the two people still care about each other.

In the state of Nevada, engaged, married, or cohabiting couples may enter into agreements defining their property rights, and depending upon the type of agreement, their support, and other rights and obligations according to Chapter 123A.010 – 100 of the Nevada Revised Statutes.

The Uniform Premarital Agreement Act defines a premarital agreement as, “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage.” Talking about establishing a prenuptial agreement as part of your wedding plans may seem like a negative conversation. The emotional dynamic of “negotiating the divorce while planning the wedding” can be difficult.

Read More

Title VII of the 1964 Civil Rights Act: A Triumph for LGBTQ Rights in 2020

By Travis Clark, Esq.

On June 15, 2020, the United States Supreme Court issued its opinion in Bostock v. Clayton County, Georgia, 590 U.S. (2020) – click here for full opinion of the court.  The case involved three separate cases of discrimination against the LGBTQ community:

  • Gerald Bostock was fired from his job for conduct “unbecoming” of a county employee, shortly after he joined a gay softball league. Bostock worked in Clayton County as a child welfare advocate.  Under his leadership, the county won national awards for its work.  After a decade with the county, he was fired shortly after joining the gay softball league.
  • Altitude Express, a skydiving company, fired Donald Zarda days after he mentioned being gay to a client who he thought would feel more at ease due to the tandem skydive, in which their bodies would be very close and touching.
  • Aimee Stephens was fired from Harris Funeral Homes when she transitioned from male to female, after being employed with the funeral home for six years.

Read More

Top 5 Tips for Appearing in a Nevada Court via Internet Device

Zoom washoe county court case

By: Melissa L. Exline, Esq.

In Nevada, many Courts are continuing operations using “audio/visual” equipment.  In Washoe County, this has included programs such as Zoom.  The Judge, Court Clerk, along with a court reporter are present to run the Court.  This has been a learning process for all involved.  Having participated in Court this way for the past month, here is a top 5 tip list for a person appearing in family court in Washoe County:

  1. Dress as if you are going to Court. You still want to look like a nice, respectable person.  First impressions cannot be re-made – so start out on the right foot.
  2. Practice with your equipment at home and feel free to ask if your lawyer has done this too. You do not want to be figuring this out with the pressure of court looming.
  3. Let your attorney be your guide. He or she still knows the players involved better than you do, and Court etiquette still applies.  It can be hard to figure out when to speak up, so it is good to have a plan with your lawyer on how you want to be heard if everyone is talking.
  4. Have a plan on how to talk to your lawyer. Either use the chat features on the application (practice this in advance), or have a plan to email/text/be on the phone with your lawyer while all the other stuff is going on so you can make a private point with your lawyer (when this is permissible) with your attorney.
  5. Manage your expectations on what you can get out of court. This applies for video court or not – but the point is important.  There is only so much time and your lawyer will know which points to make and in what order.  Not everything gets done the way you want it to be, but getting some things done in a tumultuous time is going to have to suffice for now.

Read More

Co-Parenting During COVID-19 for Divorced or Separated Families

By: Melissa L. Exline, Esq.

Yes, this is an issue. We have seen an increase in situations where parents are worried for their children and the worry is whether to send the children over to the other parent for normal custodial exchanges during the pandemic. Is it safe? Are the children going to be exposed and bring something here? It is not easy.

In addition, many times, the parenting orders are written so that exchanges are set to take place before/after school. And plans for Spring Break – well, forget about it. All of that went out the window. Already strained communication could be more strained. Since you are reading this, you know this already and you are ready to not let this undermine how you handle the next messy parenting discussion.

Read More

Parents Facing Custody Issues During Coronavirus Pandemic

CORONAVIRUS COVID-19

The pandemic has been especially hard on parents who share custody of their kids. One family attorney has some advice for parents facing the challenge of parental custody in the time of COVID19.

The pandemic has been hard on just about everyone, but especially for parents who share custody of their kids. One family attorney has some advice for parents facing the challenge of parental custody in the time of COVID19.

Surratt Law Practice family attorney Travis Clark, Esq.  says visitation rights have to be observed even with the stay-at-home order. "The problem we are getting right now is one parent disagrees with the other parent on how they are handling this crisis. That is the issue it boils down to," said Clark.

Read More

Child Support Changes

Child Support Colorful Block With Bible And Hammer Over Wooden Desk In Courtroom

By Kimberly M. Surratt, Esq.

The new Nevada Child Support laws will go into effect on February 1, 2020.  The New Regulations in final form are R183-18.  The Regulations refer  to a “low income schedule”.  The Low Income Obligation (2019) will be used on February 1, 2020.

The Low Income Chart may be updated in March or April for the 2020 poverty numbers from the Federal Government.  If the chart changes the regs provide that the chart must be published by the Administrative Office of the Courts (AOC) on or before March 31 of each year.  The AOC will publish the chart in the same manner that they published the updated presumptive maximum chart under the old statutes at www.nvcourts.gov/AOC.

Read More

Next Page »
Nothing on this website should be construed as creating an attorney client relationship. Unless and until you sign a written retainer with our office, we will not act as a lawyer on your behalf. There is no guarantee that any information provided by a visitor to this website will be kept confidential. None of the information provided on this website is intended as legal advice to any specific person. All cases are different and even through this website does in some instances provide useful information about legal concept and principles, nothing stated here is intended to provide legal advice to any visitor to this website. No information provided here will prevent us from representing a client whose interests are adverse to yours. We invite you to contact us, and we welcome your calls, letters and emails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.