Family Law

Family law deals with issues related to family relationships, including marriage, divorce, child custody, child support, adoption, and domestic violence. Family law also includes issues related to the dissolution of domestic partnerships and civil unions.

The family law attorneys at RHCP represent clients in legal proceedings and alternative dispute resolution related to these issues, and we may also provide advice and counsel to clients on matters such as prenuptial agreements and cohabitation agreements.

Family law can be complex and emotionally charged, as it often involves highly personal and sensitive issues. Our attorneys are skilled at navigating the legal system and advocating for their clients, while also providing expert support and guidance during a difficult time.

  • Divorce

    Divorce is the legal process by which a married couple ends their marriage. In a divorce, the court will dissolve the legal bond of marriage and address issues such as child custody, child support, alimony, and the division of assets and debts.

    There are two main types of divorce proceedings in Nevada. One is a contested divorce and the other is an uncontested joint petition.

    In a contested divorce, the parties may not be able to agree on the main issues in dispute. The divorce court will hold a trial to make decisions on the spouses’ behalf.

    If the spouses are able to agree on the terms of the divorce, they may be able to obtain an uncontested divorce by a joint petition, which can be quicker and less expensive than a contested divorce.

    The divorce process can be emotionally and financially challenging for both spouses. It is often advisable for spouses to seek the advice of an attorney to help them navigate the legal process and protect their rights.

  • Relocation

    In family law, relocation refers to a situation in which a parent wants to move a significant distance away with a child or children, either after a divorce or during the course of a custody arrangement. The parent who wishes to relocate must typically obtain the consent of the other parent or seek permission from the court before moving. If the other parent does not consent to the relocation, the parent who wishes to move may need to go to court to seek permission to do so. The court will consider various factors in determining whether to grant permission for the relocation, including the impact the move will have on the child's relationship with the other parent and the reasons for the move. If the court determines that the relocation is in the best interests of the child, it may allow the move to go forward. However, if the court determines that the relocation is not in the child's best interests, it may deny the request to move with the child.

  • Custody

    Child custody refers to the legal relationship between a parent and their child, including the right to make decisions about the child's upbringing and the responsibility to care for the child. In the context of family law, child custody can refer to both physical custody (where the child lives) and legal custody (the right to make decisions about the child's welfare).

    There are two main types of child custody: sole custody and joint custody. In a sole custody arrangement, one parent is given primary physical and legal custody of the child, while the other parent may have visitation rights. In a joint custody arrangement, both parents share physical and legal custody of the child.

    In determining child custody arrangements, the court will consider a number of factors, including the best interests of the child, the wishes of the parents and the child (if the child is old enough to express an opinion), and the child's relationship with each parent. The court may also consider the child's school and community ties, the child's health and safety, and any history of abuse or neglect by either parent.

  • Child Support

    Child support is the financial support that is paid by a parent to help cover the costs of raising a child. In the context of family law, child support is typically paid by the non-custodial parent (the parent who does not have primary physical custody of the child) to the custodial parent (the parent who has primary physical custody of the child). In joint physical custody situations child support is also awarded.

    Child support is intended to help cover the costs of a child's basic needs, such as housing, food, clothing, and medical expenses. The amount of child support that is paid is usually based on state guidelines, which consider factors such as the income of both parents, the needs of the child, and the amount of time the child spends with each parent.

    Child support orders are typically issued by a court and are enforceable by law. If a parent fails to pay child support as required by the court order, they may face consequences such as wage garnishment, seizure of assets and tax returns, or even criminal charges. It is important for parents to fulfill their child support obligations in order to ensure that the needs of their children are met.

  • Asset Protection

    Part of any divorce is protecting a spouse’s real and personal property. Nevada is a community property state. That means all property acquired during marriage is community or jointly owned property. Property that either spouse brought into the marriage, inheritance, or obtained as a personal injury settlement are examples of separate property. There are exceptions to these rules and our team are experts at identifying and characterizing property as part of the dissolution.

  • Real Estate

    Often one of the most important assets in a marriage is the home. The divorce process will determine who keeps the home, if the home should be sold, and how to divide the equity in the home.

  • Business Evaluation

    Spouses’ ownership in a business is another important asset in a divorce. A business has a value that may be divided in a divorce. Valuation methods include the excess earnings approach, sale of the business, and net asset value.

  • Investments, Stocks & Stock Options

    A spouses’ investment and stock portfolios are other important assets that must be characterized as separate and community property, and then divided during a divorce. Spouses are often paid in stock and stock options, and those assets could be community property.

  • Retirement Accounts

    401ks, 457s, PERS, FERS are examples of retirement accounts and pension plans that often are significant assets in a divorce that must be characterized and divided.

  • Adoption

    Adoption is a legal proceeding where a non biological parent steps into the shoes of a biological parent and assumes all of the legal rights and obligations of the child's parent. Adoption can be a difficult process to navigate. Stepparent adoptions are common in Nevada.

  • Adult & Minor Guardianships

    A legal guardian is a person who has been appointed by a court or otherwise has the legal authority to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a protected person.

    There are two main types of guardianships: guardianship of the person and guardianship of the estate. Guardianship of the person refers to the responsibility for the protected person's physical care and well-being, including decisions about medical treatment, education, and daily living. Guardianship of the estate refers to the responsibility for managing the protected person's financial affairs and assets.

    A guardianship is typically established through a court process, in which a petition is filed and a hearing is held to determine whether a guardianship is necessary and in the best interests of the protected person. If a guardianship is granted, the guardian is required to act in the best interests of the protected person and to report to the court on the protected person's welfare.

    Guardianships are often used in cases where a minor has lost both parents or where an adult is incapacitated and unable to make decisions for themselves. Guardianships can be temporary or permanent, and they can be terminated by the court if the need for a guardianship no longer exists.

  • Restraining Orders

    A restraining order (also known as an order of protection or a protective order) is a legal order issued by a court that requires an individual to refrain from certain behaviors, such as contacting, threatening, or physically harming another individual. Restraining orders are often used in situations involving domestic violence, stalking, or other forms of harassment.

    In the context of family law, restraining orders may be issued to protect a spouse, child, other family member, and even pets from abuse or harassment. These orders can be an important tool for maintaining the safety and well-being of individuals in abusive or high-conflict situations.

    There are two main types of restraining orders: temporary and permanent. A temporary restraining order (TRO) is issued on a temporary basis, usually lasting a few weeks, while an extended protection order (EPO) remains in effect for a longer period of time, often several years.

    If an individual violates the terms of a restraining order, they may face criminal charges and other consequences. It is important for individuals who have been served with a restraining order to take it seriously and comply with its terms.

    However, in some instances, the protection order is abused. If you are falsely accused and an unwanted protection order is entered against you, our team is skilled at defending you.

    Protection orders can affect your firearm rights.

  • Termination of Parental Rights

    The termination of parental rights is a legal process that ends the legal relationship between a parent and their child. This process is typically used when a parent is unable or unwilling to fulfill their responsibilities towards their child, and it is in the best interests of the child to be permanently separated from that parent.

    There are several grounds for terminating parental rights, including abandonment, abuse or neglect of the child, and long-term incarceration of the parent. The court will consider a variety of factors in deciding whether to terminate parental rights, including the best interests of the child, the ability of the parent to care for the child, and the child's relationship with the parent.

    If a parent's rights are terminated, they no longer have any legal responsibilities or rights towards the child, including the obligation to pay child support and the right to make decisions about the child's upbringing. The courts try to place the child with suitable family members; however, the child may become a ward of the State and may be placed with a foster family or adopted by a new family.

    The termination of parental rights is a serious matter with significant consequences. It is important for parents to understand their rights and to seek legal advice if they are facing the possibility of having their parental rights terminated.