Are you struggling to reach a child custody arrangement in Nevada?
The state statutes have been clearly defined to ensure that both parents work together to draw up an agreement that works in the child’s best interests.
Keep scrolling to learn how Nevada child custody laws work in the child’s favor and grant fair custodian rights to either parent.
Physical Custody in Nevada: What you need to know.
Who gets the right to the child’s physical custody?
According to Nevada law, no one parent is preferred for physical custody based on their gender. Instead, courts award physical custody to the parents based on the child’s best interests. There are several factors the court considers in determining the child’s best interests, including which parent is more likely to facilitate a relationship with the non-custodial parent and which parent is more likely to meet the child’s physical, developmental and emotional needs. Although the child’s preference is a factor the court may consider, courts attempt to avoid putting children in the middle of the custody litigation.
Nevada custody laws have a preference for joint physical custody to ensure that both parents form a positive relationship with the child. The child is required to live with each parent for at least 40% of the year. However, if one parent cannot provide physical, financial, or emotional support to the child, the other parent is granted primary physical custody of the child.
Visitation Rights: How does it Work?
Nevada child custody laws were devised to promote a healthy parent-child relationship post-divorce. The court grants frequent visitation rights to the non-custodial parent. In situations where a parent has mental health issues, problems with substance abuse or is the perpetrator of domestic violence or abuse, that parent will likely be subjected to visitation limitations such as supervised visitation or visits at a special facility, like the Family Peace Center.
Who Qualifies for Legal Custody of the Child?
The legal custodian has the right to make crucial decisions for the child’s future, such as the kind of school they would attend, their healthcare plans, and the religion they follow. In most cases, the court grants joint legal custody to both parents and allows them to work together to make crucial decisions regarding the child’s upbringing.
Although it is rare, in some cases, the court may choose to award sole legal and physical custody to one parent. In order to do so, the court would have to make a clear finding that no amount of visitation or parental access is in the child’s best interests. In cases where one parent has become estranged from the child, a court may order reunification in a therapeutic environment.
Modifying Child Custody Orders in Nevada
If parents feel that they need to request a modification in the custody order, they can begin the process by filing a motion in court. A family law attorney experienced with child custody cases can advise whether a parent can meet his or her legal burden to modify a previously ordered child custody arrangement.
An experienced lawyer can help you file such a motion in court.
Anderson Keuscher PLLC is a family law firm based in Reno, Nevada. The family law lawyers at Anderson Keuscher have years of experience dealing with divorce, property distribution, child support, child custody, and legal adoption cases.
Get in touch with us at 775 406 0305 and discuss your legal options with us today!