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.