Emily M. McFarling’s Answers

Emily M. McFarling

Las Vegas Child Custody Lawyer.

Contributor Level 11
  1. What does it mean to have an "Unbundled Attorney"? Also, in NV Family law what does it mean to have an "Unbundled Attorney"?

    Answered over 1 year ago.

    1. Emily M. McFarling
    2. Jill K. Whitbeck
    3. Boris A. Avramski
    3 lawyer answers

    It means the attorney is appearing in limited capacity and is not the "attorney of record". Normally this occurs when an attorney is hired solely to attend a hearing. Otherwise when an attorney appears as attorney of record they are obligated to remain on the case until released by the Court or another attorney replaces them. Some attorneys (including myself) do not like doing unbundled services because you are often appearing on pleadings drafted by other people or have not been paid...

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Is the presumptive child support determined before or after business expenses?

    Answered 5 months ago.

    1. Emily M. McFarling
    2. Jill K. Whitbeck
    3. Tony Anthony
    3 lawyer answers

    NV does take into account business expenses for self-employed individuals so the gross income will be whatever your gross income is on your tax return, which is after expenses. However, some Judges will scrutinize these numbers if you are expensing personal items like car, phone, etc.

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  3. How is the prevailing party determined in a custody/support/visitation case?

    Answered 5 months ago.

    1. Emily M. McFarling
    2. Daniel W. Anderson
    3. David R. Jacks Jr.
    3 lawyer answers

    I am assuming this is being asked in the context of attorney's fees. Often in custody cases there is not a clear prevailing party which is why it is not that common for a court to proclaim one and award fees on that basis; unless it is clear one party unnecessarily litigated. Prevailing party attorney's fees in a typical civil context is meant to make people think long and hard before they sue. A person has an absolute right to sue for custody or divorce and in fact it is required if they...

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  4. What are my chances of sole custody of my son if my husband committed adultry while i was pregnant?

    Answered 7 months ago.

    1. Emily M. McFarling
    2. Keith Pickard
    3. Tracy M. Rau
    4. Jill K. Whitbeck
    4 lawyer answers

    Infidelity generally does not play into a custody case.

    6 lawyers agreed with this answer

  5. Is my marriage not valid if my husband's divorce set aside?

    Answered about 1 year ago.

    1. Emily M. McFarling
    2. Jill K. Whitbeck
    3. Keith Pickard
    3 lawyer answers

    Normally the Judge will leave the divorce intact and just set-aside the property division to be heard on its merits. Especially if he is re-married.

    6 lawyers agreed with this answer

  6. My husband just got served the divorce papers and he moved out a week ago. Can he still come in and out of our rented condo?

    Answered 7 months ago.

    1. Amanda M Roberts
    2. Emily M. McFarling
    3. Kristofer J. Snow
    3 lawyer answers

    You should file a motion for exclusive possession and if he is doing anything to make you feel unsafe, you could file for a Temporary Protective order until you can get in front of a family court judge and get exclusive possession of the marital residence.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. How will custody of our three minor children be determined in the state of Nevada?

    Answered over 1 year ago.

    1. Emily M. McFarling
    2. Jill K. Whitbeck
    3. Boris A. Avramski
    4. Keith Pickard
    5. Kaitlyn A Miller
    5 lawyer answers

    The answer is, it depends. It depends on the Judge and the particulars of your case. If you have been doing the 5/2 arrangement for some time the court may leave that in place. It really depends on the Judge.

    5 lawyers agreed with this answer

  8. When my ex and I separated our daughter was only 3 months old ..i had an attorney representing me for an annulment case

    Answered 11 days ago.

    1. Emily M. McFarling
    2. Melvin R. Grimes
    2 lawyer answers

    Generally No. A modification of custody as you describe it requires a change of circumstances and the child simply aging usually is not sufficient. It is important for people to understand these things when they enter into agreements because modifying existing orders is not easy.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. I the Father would like to know How can I get 50% Custody of My Son born 4/25/13.

    Answered almost 2 years ago.

    1. Emily M. McFarling
    2. Jill K. Whitbeck
    3. Tracy M. Rau
    4. Israel Lynda Kunin
    4 lawyer answers

    You need to file a complaint for custody, the sooner the better. Contact an attorney if you need assistance.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Do I have legal rights, as a Grand Parent to speak to my grandchildren living in another state? My son is denying me access!

    Answered 10 days ago.

    1. Emily M. McFarling
    2. Keith Pickard
    3. Jill K. Whitbeck
    3 lawyer answers

    Generally no. A fit parent is presumed to be acting in a child's best interest with regard to 3rd party contact and visitation. There are narrow exceptions that would need to be reviewed by an attorney but these are not easy cases and I would say 1/25 inquiries I receive about grandparent or other relative visitation or custody rights actually have merit under the statute.

    4 lawyers agreed with this answer

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