This is the next post in my series on understanding child custody in Las Vegas, Nevada. My last article discussed how child custody is defined in our state. It is important to understand that, unlike many other states, parents do not need to have a fifty-fifty timeshare in Nevada for custody to be considered “joint.” As long as each parent has the child at least forty percent of the time, their custody will be considered equal. This article will follow up on my prior discussion by explaining how the Court determines custody. Such determinations often include complex issues of fact and law. Retaining an experienced family law attorney is, therefore, important to one’s case.
Nevada Courts will grant joint custody unless doing so is against the best interest of the child
Nevada is like many other states in that each case begins with a presumption that custody should be shared between the parents. In other words, the Judge must begin each case with the presumption that each parent must have the child at least forty percent of the time. The Court will vary from this presumption, and grant a parent primary custody, if it is shown that doing so will protect the child’s best interests. In determining what is in a child’s best interests, the Court will consider several factors, these include, but are not limited to:
- The child’s preference (depending on their age and maturity level)
- This historical relationship between each parent and the child
- The source of the conflict between the parents and the willingness of each party to co-parent
- Whether there is any history of domestic violence
- Etc.
No one factor is dispositive when the Court is performing its analysis and the factors do not need to be weighed evenly. In other words, the Court determines how much any one of these factors should or should not weigh in the decision. The Court may even rule in the favor of a parent solely on the grounds of one factor tilting so heavily in their direction.
Parents must understand that the Court will look to objective evidence when weighing the above-mentioned factors. By this I mean the Court will only consider facts which can be verified or which it otherwise has good reason to believe. The Court generally will disregard broad accusations of the other parent being “bad.” As an example, if a parent claims their counterpart is an alcoholic, the Court is likely to disregard this claim without evidence of a DUI arrest, bank records showing excessive spending at bars and restaurants, or some other evidence which verifies the claim. If, on the other hand, this evidence does exist then the Court is much more likely to believe the claim.
An attorney can assist you with presenting a child custody case to the Court
Retaining an experienced attorney is an important step in presenting a child custody case to the Court. Counsel will be aware of what types of evidence the Court is likely to consider and what it is likely to ignore. Moreover, the rules of evidence must be followed when attempting to submit information for the Court to consider. Failing to follow these rules can mean that the Court may be barred from considering some of your most important arguments. This is true in the Motion practice portion of a case just as much as it is in the trial phase.
I am a Las Vegas child custody lawyer who devotes her practice solely to the handling of domestic relations law. I understand the importance of such matters and my office believes that everyone is entitled to quality representation. Contact us online or by telephone today to schedule an initial consultation. I look forward to speaking with you.