Thursday, August 30, 2012

Can the Court send me for drug testing in a custody case or divorce case that includes children?

Yes! If there are allegations that you or the other Party are using either legal (non- prescribed) narcotics or illegal narcotics, you can be sent for a drug test. The Court will actually stamp your hand at Court and you are instructed to go straight from the Court to the drug testing facility.

I tell my clients, the quickest way to lose your children is to do drugs!!!!!

Thursday, August 23, 2012

Do I lose my interest in the martial residence if I move out?

In divorce cases, typically someone is going to move and the Court understands this; however, there may be some negative ramifications of moving out of the martial residence. There may also be some financial responsibilities to which you may or may not be obligated to pay. Each case is different, as such, it is best to talk to an attorney prior to moving.

The short answer is, if you have an interest in the marital residence, you will not lose the interest by moving out.

Thursday, August 16, 2012

Thursday, August 9, 2012

Family and friends may steer you wrong……

Family law practitioners often hear, “my friend or family said that I am entitled to X.” I can’t tell you how many times that I have heard this statement or, “my friend went through a divorce and she received X.”

Every case is different. First, your family and friends probably do not know the law and if your family or friends went through a divorce/child custody action, their action probably had a different judge and the facts are usually different. The other consideration is that your friends and family are probably only telling you what they believe to be true or what they want you to know.

This advice is also relevant in most fields of law including car accidents, wrongful death cases, personal injury cases, medical malpractice cases and slip and fall cases.

A little knowledge can be very dangerous. Listen to your lawyer.

Thursday, August 2, 2012

Clark County Family Court: What if the opposing party does not respond to a motion filed with the Court?

Pursuant to Rule 2.23. Motions without oral argument.

  • At the request of a judge, the clerk must promptly bring to the judge’s attention every motion to which no response has been timely filed. The clerk must also submit all motions, whether responded to or not, to the judge not less that 3 days before the scheduled hearing.
  • If the time to oppose a motion has passed and no opposition has filed, counsel for the moving Party may submit an order granting the motion pursuant to Rule 2.20 to the chambers of the assigned department.
  • The judge may consider the motion on its merits at anytime with or without oral argument, and grant or deny it.
  • When the judge decides a motion before the hearing date, it must be removed from the calendar and the clear must enter an order upon the minutes of the court reflecting the action taken.

First, the Court is not aware until just prior to the hearing (at best 2 to 3) days prior to the hearing if an opposition has been filed or not. The Court will not typically take the motion off calendar meaning that the movant must appear at the hearing.

The movant may submit to the Court, as stated above, an Order granting the motion pursuant to Rule 2.20, however, in Clark County, the Judges are typically reluctant to sign such order absent an appearance.

If the non-moving party does not appear at the hearing and does not respond to the motion, the Court has the discretion to grant your motion in full or in part. Rule of thumb, always appear in Court at the date and time to which the motion is scheduled.