This is the next post in my series on issues which arise in uncontested Las Vegas divorces. My last article discussed reaching an agreement on alimony. It is important for both spouses to be realistic in regard to reaching an agreement on spousal support. If the paying spouse fails to make their payments then they may be held in contempt of court. If the receiving spouse agrees to an inadequate amount, then they may not be able to support themselves. An experienced attorney can assist you in reaching an agreement that works for all parties. In this article I will discuss how child custody and visitation are handled in agreed-upon marriage dissolutions. If you require assistance then contact my office today to speak with a lawyer.
Las Vegas spouses will agree on child custody, visitation, and support
Las Vegas spouses who wish to complete an uncontested divorce must be in agreement on all issues. This includes child custody, visitation, and support. The final divorce decree will include a clear mandate as to whether the parents share joint physical custody (meaning each parent has the child at least three days per week) or whether one parent has primary custody. It will also clearly state the days or times of the month as to when the child is to be exchanged between the parties. Finally, the amount of child support to be paid, and by whom, will be stated in the decree. The Judge will typically sign an order which embodies the parties’ agreement, as long as it does not appear to be against the best interest of the child.
The parties’ agreed upon arrangement will be made an order of the Court. This means that a parent can be held in contempt for failing to follow the custody requirements or for failing to pay child support. If circumstances change after the divorce decree is entered then either party may request a modification of custody, visitation, or support. The process of requesting a change begins by filing a Motion with the Court. If your circumstances do change, and you require a modification, then it is important to retain an attorney and follow the process as opposed to engaging in self-help. Taking matters into your own hands will mean that you are violating a court order and you may find yourself being held in contempt.
Nevada child custody and support orders are always modifiable
In my last article I discussed the fact that spousal support orders can sometimes be made non-modifiable. This means that the order cannot be modified even when the circumstances of one of the spouses changes. This is not the case when it comes to child custody or child support as those issues are always modifiable. The law does not allow non-modifiable orders, related to children, out of a need to protect the best interests of a youth. It is, therefore, important to understand that you must attempt to cooperate with your ex-spouse once your divorce is completed or they may have grounds to request a change of child custody.
If you are ending a marriage then contact my office today to speak with a Las Vegas uncontested divorce lawyer. I practice in no area other than family law and I understand that this is an important time in your life. I pride myself on providing the highest level of service and we will give your case the attention it deserves. Contact us online or by telephone today. We look forward to speaking with you.
