Child Custody

I am Marta L. Presti, a family law attorney in practice. Through the years, I have gained valuable insight into the relationships between parents and their children. I understand how those relationships can be protected in court. As an experienced family law attorney, I apply my legal skills and experience legal to help clients develop a parenting plan in their children’s best interests.

I represent mothers and fathers with a wide variety of child custody and visitation issues. My experience includes handling child custody matters related to unmarried parents, parents who are going through divorce and those who need to make changes to their child custody or visitation arrangements after a previous court order.

Handling a Broad Spectrum of Child Custody Issues in Northwest Nevada
I am an experienced family law attorney well-versed in virtually every type of child custody matter, including:

Parental relocation — When one parent needs to move to another part of the state or another state, child custody and parenting arrangements will have to change and custody may be contested.

Child custody issues when parents live in different states — The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state has jurisdiction over child custody cases. It is essential to understand what state’s laws apply when there are disagreements.

Enforcement of visitation — This includes enforcement of visitation when the custodial parent refuses visitation to the non-custodial parent in violation of a court order.

Motions to deny visitation — This could happen when the custodial parent wishes to refuse visitation to the non-custodial parent. This situation could involve claims of drug use or abuse.

I am an experienced family law attorney committed to staying at the cutting-edge of the law. I take time to understand how recent court decisions could possibly affect your case. For example, the Nevada Supreme Court case he has established a new precedent. Child custody arrangements can now be determined based on who spends more time with the children. Time spent with the child may be a more important indicator than who is listed as the custodial parent in the divorce agreement.

When Can You Change Who Has Child Custody?

Generally, changes to child custody may be obtained, given that two requirements are met. These requirements are:

  • A substantial change in circumstances relating to the child
  • Proof that the change in custody would be in child’s best interests — improving the child’s health, safety or well-being

I represent parents who are requesting changes to their original child custody orders, as well as those who oppose requested changes. The two requirements that may result in modification can be met in many situations such as when:

  • A child has reached his or her teenage years and wishes to live with the other parent.
  • A child is performing poorly in school due to parental fault.
  • The custodial parent is abusing drugs and/or alcohol.
  • Physical and/or emotional abuse is present.
  • The child is being neglected.

Child Custody

Child Custody Issues for Unmarried Parents

When a man acknowledges that he is a child’s father on a birth certificate, or when he is shown to be the father through a paternity test, he is legally established as the father. However, this does not give the father specific custody or visitation rights.

Often, when he and the child’s mother end their relationship, the mother files for child support, and the father responds with a request for parenting and visitation rights. Unfortunately, many men do not realize that their parental rights were not established at the same time their paternity was.

I represent unmarried mothers or fathers who are involved in child custody or visitation disputes or with other issues involving child custody and parenting.

Parental Relocation

Do you need to relocate with your child out of state? Do you have joint physical or primary custody? Are you trying to prevent relocation? Either way, parental relocation can be a complicated process, requiring the approval of the court before you are allowed to move away with your children. If you are considering moving, you need the help of an experienced family law attorney.

I represent parents looking to relocate as well as parents looking to prevent a move that they feel is not in the best interests of their child.

Do you have questions about parental relocation? I have answers. Contact me today to schedule an appointment at my comfortable Reno, Nevada, office.

The Best Interest of Your Child

Sometimes, “the best interests of the child” can seem overused, even cliché. This is not one of those times. The courts in Nevada take relocation very seriously, and the court ultimately decides to grant or reject your application based solely on what it determines to be in the best interests of your child.

The courts will consider a number of factors in deciding whether to grant a move, including:

  • Will the move improve the child’s quality of life?
  • Is there a legitimate reason for the move (i.e. job opportunity, remarriage of the custodial parent, better educational or medical access for the child)?
  • Can adequate contact with the non-custodial parent be sustained?
  • Is the custodial parent likely to follow a visitation order after relocation?

International Child Custody Disputes

Managing child custody arrangements can pose a challenge, even when both parents are on amicable terms and live in the same state. This can become far more complicated when either parent lives out of state, or the custodial parent is seeking to relocate out of state or even abroad. Obtain experienced legal help to protect your parental rights and act in your child’s best interests.

I have an extensive background handling interstate and international child custody disputes. I will apply my legal skills and knowledge of the Uniform Child Custody Jurisdiction and Enforcement Act and Hague Convention in pursuit of securing your legal rights.

Handling Interstate Child Custody and Child Support Disputes

In the past, states had their own interstate child custody and child support laws. This allowed parents to relocate to another state, posing a great risk to the non-custodial parent’s visitation rights and parenting time. Parents were also known to move across state lines in an effort to avoid making child support payments.

To enforce child custody and child support arrangements nationwide, many states — including Nevada — follow the Uniform Child Custody Jurisdiction Act  and the Uniform Interstate Family Support Act. The Uniform Child Custody Jurisdiction Act will determine which state has jurisdiction in child custody cases involving children who live in a different state.

International Child Custody Disputes

The Uniform Child Custody Jurisdiction Act is designed to stop parents from moving to another state and establishing a parenting plan that excludes the other parent. This would be considering kidnapping. Through the Uniform Child Custody Jurisdiction Act, definitions have been established nationwide outlining how a child’s home state is determined and which courts have jurisdiction to order a parenting plan.

Generally, a child must live in a state for least six months before the courts can order a parenting plan. I understand the sometimes conflicting guidelines which must be followed in interstate child custody and child support cases. I will take every measure possible to protect your rights and act in your child’s best interests.