Fathers Rights

Unless underlying issues like destructive behavior, substance abuse, domestic violence or incompetent parenting exist, every father has a right to maintain a relationship with his children. Mothers and fathers each make essential contributions to the development of their children, and generally should have equal say in important parenting decisions.

If you need help establishing or restoring father’s rights, I can help you. At the Law Offices of Marta L. Presti, Attorney at Law, I am experienced at helping fathers in the Reno area gain or regain access to their children. I look forward to helping you make a positive difference in the lives of your children.

What Are Your Custody Options? We’re Working for Your Family.

In the State of Nevada, the family court system operates on the presumption that both parents are fit and both should play an important role in the lives of their children. Judges continue to operate on that assumption unless they are shown evidence to the contrary such as abusive behavior or neglect on the part of one parent. For this reason, courts usually award joint legal custody, allowing both parents to have input into decisions about the child’s upbringing.

Once you have been awarded joint legal custody, I can help you make the case for joint physical custody. Judges consider a number of factors when determining physical custody. These factors include your employment situation, geographical location, and any history of violence or a criminal record. There is no presumption under Nevada law that mothers are better parents, but societal bias has historically been partial to granting custody to the mother. Since you have this inherent prejudice to overcome, it is extremely important to protect your rights as a father.

Child Support

Going through a divorce can be extremely difficult, both for spouses and their children. At the Law Offices of Marta L. Presti, Attorney at Law, I understand the impact divorce has on families. I am committed to providing highly skilled representation and legal counsel to help secure my clients’ best interests during this difficult time.

While the child support laws in Nevada are meant to simplify the process, the potential certainly exists for complications. To protect your financial interests and make sure your children have the support they need, it is imperative to have an experienced Reno child support lawyer guiding you through the legal process.

Explaining How Nevada’s Child Support Calculator Works

In Nevada, there is a set formula for child support calculation. So, why do you need a lawyer? You need a lawyer, because the process becomes much more complicated when there is a joint or shared custody agreement in place or when other factors my apply.

In the past, child support calculations were dependant on who was awarded primary custody or, in some cases, joint custody. This focus has been modified by the Nevada Supreme Court case Rivero v. Rivero. The court determined that the amount of actual time spent with a child may be a more important indicator of child support payments than the label listed in the divorce agreement.

In addition, other deviations from the standard formula can be made for a variety of reasons, including:

  • Relationship factors
  • Health insurance and medical expenses, particularly those for children with chronic illnesses or developmental delays
  • Household incomes
  • Educational needs
  • Day-to-day needs of the child, including day care, clothing and school supplies

Property Division

If you are thinking about ending a marriage, obtain experienced legal help. Even couples divorcing on amicable terms can quickly encounter long, drawn out disputes with disagreements over how assets and debts were handled during a marriage. Property division is one of the most complicated aspects of getting divorced.

I apply my years of experience and legal skills in pursuit of securing my clients’ financial interests. In Nevada, marital assets are distributed equally during a divorce. I offer strong advocacy to make sure all assets considered assets are valued correctly, while addressing other relevant factors.

Pursuing an Equitable Distribution of Community Property
Property division can become highly complicated based on how assets and debts were handled during your marriage. It may be necessary to consult forensic accountants and appraisers to establish the extent and value of your marital estate, including:

  • Family-owned business
  • Real estate property such as your family home, vacation properties or real estate investments
  • Retirement plans including stocks, 401(k) plans and pension plans
  • Jewelry, collectible cars and antiques

A key part of my work includes determining how you handled your financial affairs. We may need to trace hidden assets and to establish if you or your spouse commingled any assets acquired individually before getting married. For example, if your estranged spouse inherited money before getting married and then commingled the inheritance with your joint savings, we may need to obtain an equitable share of the inheritance. This is a highly complicated area of the law. For experienced advocacy, you can trust me to fight for you to retain or be awarded your share of the property.