Objecting to orders in Child Support Court

Jun 15

The Nevada Supreme Court recently issued an Unpublished Order that dealt with Reports and Recommendations issued by Hearing Masters.

Hearing masters are individuals assigned by district court judges to hear matters in specialty courts such as child support, guardianship, domestic violence, abuse and neglect and mental health courts, to name a few. Their role is governed by Nevada Rule of Civil Procedure 53. At the end of the hearing they issue what is called a Report and Recommendation. In Child Support Court this is called an MROJ. Under NRCP 53(e)(2) a party has ten days after being served with the Report and Recommendation to file an objection.  If no objection is filed the Report and Recommendation becomes an order of the court. A party does not have to have a reason to file the objection. Once an objection is filed, a hearing is held by the judge assigned to the case. The judge can affirm the Report and Recommendation, make his or her own order or send the matter back to the hearing master to rehear the case.

As with any matter in the legal system, time deadlines must be met. If an objection is not timely filed the the report and recommendation becomes an order.

Guardianship versus Custody of a Child

May 26

There are many reasons why a child may not live with parents. In some situations a guardianship is appropriate and in other cases custody is appropriate. In a guardianship siblings, grandparents, aunts and uncles of the minors need to be notified before a guardianship can be created. There are some situations though where this is not possible. One example is where a parent leaves a child with a friend or family member and then leaves. The traditional guardianship can take 3-4 weeks. NRS 125A.335 allows a court to exercise jurisdiction over a child that has been abandoned. NRS 125A.025  defines abandoned to mean any child that is left without reasonable provision for care or supervision. This statute allows the Court to make emergency orders to provide for the child and then sort things out in a few weeks. This statute can be used when an adult has custody of a child but no legal authority over the child. This process is faster than guardianship.