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 11 months 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 my marriage not valid if my husband's divorce set aside?

    Answered 4 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

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

    Answered 7 months 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

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

    Answered about 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

  5. What is the legal age in Nevada a child can decide what parent they want to live with?

    Answered about 2 months ago.

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

    There is no legal age. A child of sufficient maturity can voice their opinion and this is a factor in a custody determination. In most cases, sufficient maturity usually is around 13/14 but there is no steadfast age. If he takes you to court, consult an attorney.

    4 lawyers agreed with this answer

  6. . Can somebody please really tell me how much a relocation custody case cost?

    Answered 10 months ago.

    1. Emily M. McFarling
    2. Jill K. Whitbeck
    3. Richard Edmund Hawkins
    3 lawyer answers

    Every attorney charges different rates and like with anything, you tend to get what you pay for. Relocation cases, depending on the circumstances, can be some of the most difficult custody cases and oftentimes end with a trial if not settled. You likely will have few options for a pro bono attorney.

    4 lawyers agreed with this answer

  7. Does My Wife Get Half the House in Divorce if Her Name was Never Put on the Title?

    Answered 10 months ago.

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

    Yes and no. Community property is property acquired during the marriage, regardless of titling. However, her half interest is only in equity on the home, not half the entire value of the home. Same with retirement, only 1/2 of what has accrued the last four years. Titling and removing from title can have some effect in property division but this is the exception to the rule and based on the scenario you laid out, omitted solely for her bad credit, I would not think she has waived that right....

    4 lawyers agreed with this answer

  8. Does taking vacation without my children and leaving them with their father constitute abandonment?

    Answered 11 months ago.

    1. Jill K. Whitbeck
    2. Emily M. McFarling
    3. Robert Jason De Groot
    3 lawyer answers

    Can he do it? Yes. Will it work? Not likely. Unfortunately I have seen less frivolous motions filed but the term "abandonment" gets thrown around too loosely these days. It sounds like you have followed the proper protocols.

    4 lawyers agreed with this answer

  9. Can I take my kids with me?

    Answered about 1 year ago.

    1. Emily M. McFarling
    2. Thomas D. Boley
    3. Tracy M. Rau
    4. Israel Lynda Kunin
    4 lawyer answers

    More information is needed, such as if a custody order exists or not. If not, the NV Supreme Court is weighing in on this very issue right now. The most prudent advice is to file a complaint for custody and request the relocation. If a custody order does exist, you most definitely need to get his or the court's permission. Although the case itself could take awhile, you can get an answer of temporary permission to relocate fairly quickly. Call an attorney.

    4 lawyers agreed with this answer

  10. Can I get my 5 yr old divorce turned in to a annulment, if bigamy was involved? I just found out and have proof

    Answered over 1 year ago.

    1. Emily M. McFarling
    2. Israel Lynda Kunin
    3. Thomas D. Boley
    4. Matthew Thomas Majeski
    4 lawyer answers

    This is not an easy question and you should definitely seek legal counsel. It is possible you could set aside your divorce decree based on fraud and then at that point, you can address the fact that is appears you were never actually legally married if she was still married when your marriage took place. There are several different points of issue that could arise in your situation and an attorney is strongly advised.

    4 lawyers agreed with this answer

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