Emily M. McFarling’s Answers

Emily M. McFarling

Las Vegas Child Custody Lawyer.

Contributor Level 10
  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 about 1 month 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.

    Selected as best answer

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

    Answered about 2 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 3 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 9 months 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 3 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 about 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. I the Father would like to know How can I get 50% Custody of My Son born 4/25/13.

    Answered over 1 year 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

  9. Do I have the right to take all the jewelry which I bought for her

    Answered 10 days ago.

    1. Emily M. McFarling
    2. Jill K. Whitbeck
    3. Tye S. Hanseen
    3 lawyer answers

    No. It is either community property at best, or at worse separate property as a gift.

    4 lawyers agreed with this answer

  10. Divorced. Can I take my child out of state?

    Answered about 1 month ago.

    1. Emily M. McFarling
    2. Tracy M. Rau
    3. Israel Lynda Kunin
    4. Lawrence Allen Stein
    4 lawyer answers

    You will need permission of the father or the court. To obtain court permission you will need to file a motion.

    4 lawyers agreed with this answer

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