Best interest is defined by the Nevada Revised Statutes or NRS § 125C.0035. Here, we explore the best interest factor any nomination of a guardian for the child by a parent.
In our experience this is the least likely factor to be applicable in most cases. Generally speaking, the people who are fighting over custody of children are parents. In limited circumstances, parents may not be available to exercise custody or may not be fit to exercise custody. In those circumstances, if a parent has made a nomination for a guardian of a child that factor is supposed to be taken into consideration when deciding what is in the best interest of a child.
As an example, a parent who prepares a proper estate plan should be including the name of the person who exercises custody/guardianship in the event of their incapacity or death. At our office, we have created a “Nomination of Guardian” which our attorneys include in the estate plan if requested by the parents. The purpose of including the information is to give guidance so that the parent’s wishes are clearly understood so there is no misunderstanding or confusion of what the wishes of a parent was to be determined at some point in the future.
As with all best interest factors, the Judge gets to determine the amount of weight that is placed on this and all best interest factors when rendering a complete and final custody arrangements in the event the parents are unable to agree to a custody plan. In future blogs, we will continue to examine each of the best interest factors and provide insight based upon our unique experience as family law litigators.