This is the next post in my series on helping parents to better understand our state’s child custody laws. My last article discussed how Nevada calculates child support. The calculation of support in our state is more straightforward then the systems employed by some other jurisdictions. Disputes, however, still arise in regard to determining the right amount of support. An experienced attorney can help you to navigate such disputes. This article will discuss when our state allows a parent to request a custody modification. If you or a loved one are in need of assistance then contact my office today to speak with a family law lawyer.
Nevada Courts will only modify child custody if circumstances have changed
I have previously discussed changing child custody in Las Vegas as a general matter. As I discussed in that series, a parent cannot modify custody simply because they want to. In order to bring a modification request, a parent must be able to show two things. First, they must show that circumstances have changed since the last custodial order was entered. Second, they must show that the proposed modification will serve the best interests of the child. The requirement of changed circumstances can take several forms. An extreme event, such as abuse or a parent’s arrest, can meet this requirement even if it was an isolated incident. Conversely, the passage of enough time or a collection of smaller changes can often satisfy this requirement. Whether or not a parent can sufficiently show that circumstances have changed since the last order will always depend on the specifics of the case.
It is important for parents to understand the gravity of the “changed circumstances” requirement. Quite often a parent will want to raise issues which happened prior to the last custody order in an argument for gaining custody. With only a few limited exceptions, however, the Court is not permitted to consider facts which occurred prior to the last order. As an example, suppose a parent wishes to claim that custody must be changed because of their counterpart’s alcoholism. Also suppose that the other parent had two DUI arrests which occurred prior to the last order. The Court will not consider these arrests; any arguments regarding the prior arrests would have needed to have been raised when the last order was litigated. One may, generally, only raise facts which have occurred since the last order was entered.
Las Vegas parents must show that a proposed change is in the best interest of the child
If circumstances have changed since the last order was entered then a parent must show that it is now in the best interests of the child for custody to be modified. When determining what is in the best interest of a child, the Court will consider factors such as:
- The wishes of the child (depending on their age and maturity level)
- The ability of each parent to meet the child’s needs
- The physical and mental wellbeing of each parent
- Whether acts of domestic violence have occurred
A variety of different facts can weigh into how the Court will consider these factors. For example, the school that each parent is zoned for may prove to be a crucial issue in some circumstances. On the other hand, extreme facts such as an act of violence against the child by a parent will often prove dispositive when weighed against other concerns. The amount of weight the Court will give to any given fact will always depend on the facts of the matter. The key point to remember is that the Court will be concerned with what is best for the child and not what a parent wants.
If you are considering changing child custody then contact my office today to speak with a Las Vegas lawyer. I practice in no area other than family law and I am experienced in handling such matters. Contact us online or by telephone today to schedule an appointment. I look forward to speaking with you.