Kurt A. Smith’s Answers

Kurt A. Smith

Henderson Family Law Attorney.

Contributor Level 8
  1. What Do I Do On My Child Custody Case?

    Answered 3 months ago.

    1. Kurt A. Smith
    2. Jill K. Whitbeck
    3. Keith Pickard
    3 lawyer answers

    In Nevada, there are two types of Custody - Legal Custody and Physical Custody. There are two types of Legal Custody - Joint Legal Custody and Sole Legal Custody. There are also only two types of Physical Custody pursuant to the Nevada Supreme Court - Joint Physical Custody and Primary Physical Custody with some sort of visitation for the non-custodial parent. While there are attorneys and judges who will still use the term "Sole Physical Custody," according to the case of "Rivero v. Rivero,"...

    Selected as best answer

  2. Looking for a family law trial attorney

    Answered 3 months ago.

    1. Kurt A. Smith
    2. Molly S. Rosenblum
    3. Israel Lynda Kunin
    4. Amanda E. Litt
    4 lawyer answers

    Your question indicates that either you have not given enough facts to understand your current situation or that you are not quite understanding the process. Where there has been sexual abuse, your first call should be to Metro. Your second should be to CPS. They will initiate the investigation into the sexual assault and child abuse aspects of your case. The attorney fighting for your child at that point will be the District Attorney's office. You would use an attorney like me to fight for the...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Does the attorney work for you or you for your attorney?

    Answered about 1 month ago.

    1. Kurt A. Smith
    2. Homa S. Woodrum
    3. Mary Katherine Brown
    3 lawyer answers

    Notwithstanding the excellent explanation given by my colleague, there is another side to this equation, which I believe is the side to which you are referring. Unfortunately for what you are attempting to do, the law does not permit parents to "waive" child support because the child is entitled to such support. However, what the law DOES permit a parent to do is to grant the other parent a "downward deviation" in that parent's child support obligation from the amount that parent is supposed to...

    Selected as best answer

  4. I'm looking to verify the correct child support amount after my child's father got a much better job.

    Answered 2 months ago.

    1. Kurt A. Smith
    2. F. Peter James
    2 lawyer answers

    There are three ways to get a Child Support modification. 1) you and the father can stipulate or agree to such a modification, 2) you can submit a request through the Child Support office (which it sounds like you did and was unsuccessful), or 3) you can file a Motion. A Child Support Modification Motion can be filed in either the Child Support Court or the District Court. However, if a case has been opened with the Child Support Court, the District Court will usually "defer" all decisions to...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. My girlfriend has abandoned our son many times for up to three months at a time. She has not paid me child support in a year.

    Answered 2 months ago.

    1. Kurt A. Smith
    2. Jill K. Whitbeck
    3. Israel Lynda Kunin
    3 lawyer answers

    A termination of parental rights is not automatic. However, under the facts as you've laid them out, you may very well be entitled to obtain a termination of Mom's parental rights. Of course, this is not automatic and you will want to ensure you get this done correctly should you choose to attempt this legal process.

    Selected as best answer

  6. Is it right for my attorney to agree to the opposing party's proposal to waive child support even though I have primary?

    Answered about 2 months ago.

    1. Homa S. Woodrum
    2. Kurt A. Smith
    3. Emily M. McFarling
    4. Alex B. Ghibaudo
    4 lawyer answers

    To expand a bit on Ms. Woodrum's response, a settlement agreement is an agreement between two parties - in this case you and your ex. The attorneys are only there to assist in developing the agreement. Accordingly, if you don't like what's in the agreement, do not sign it. If you do not understand what is in the agreement, do not sign it. However, once YOU sign the agreement, YOU are signifying that you both understand the agreement and YOU agree with it. The judge will hold YOU, not your...

    3 lawyers agreed with this answer

  7. I want to change my last name to my Legal business name. How can I do that?

    Answered about 2 months ago.

    1. Kurt A. Smith
    2. Mary D. Perry
    3. Valerie L. Del Grosso
    3 lawyer answers

    A name change must be requested from the court. The court will be concerned with your rationale for requesting the name change and your criminal history. However, if you can assuage the court's concerns, the name change should be granted.

    3 lawyers agreed with this answer

  8. Will a prenuptial. Agreement protect me if im already married but want to open a buisness?

    Answered about 2 months ago.

    1. Kurt A. Smith
    2. Tracy M. Rau
    3. F. Peter James
    3 lawyer answers

    You may not get a Prenuptial Agreement because you are already married. However, a properly drafted Postnuptial Agreement should protect the rights you are looking to protect.

    3 lawyers agreed with this answer

  9. Open adoption agreement motion to enforce contract

    Answered about 2 months ago.

    1. Kurt A. Smith
    2. Jill K. Whitbeck
    3. F. Peter James
    3 lawyer answers

    Nevada's adoption laws permit the biological parents and the adoptive parents to enter into contracts regarding the biological parents' ability to maintain visitation rights with adopted children. Where those agreements are not honored, the issue needs to be raised with the court so that the court can assist you in enforcing the Order. As my colleague stated, however, the courts are not fans of undue delay. There are no cases where that is more true than in cases such as yours. Accordingly, if...

    3 lawyers agreed with this answer

  10. If i file for custody in nv and my husband decides to take my child out of state without any court orders would he be in default

    Answered 5 months ago.

    1. Kurt A. Smith
    2. Jill K. Whitbeck
    3. Keith Pickard
    3 lawyer answers

    If a child has lived here in Nevada for six months or longer prior to the filing if an action, then Nevada would have "Initial Home State Jurisdiction" to enter orders regarding the child. However, that jurisdiction must 1) be asserted and 2) be enforced. If that jurisdiction is neither asserted not enforced, it can be lost. Accordingly, if you are headed for divorce and your husband is threatening to flee the jurisdiction with your child(ren), your BEST bet is to get something on file...

    3 lawyers agreed with this answer

702-410-5001