Best interest is defined by the Nevada Revised Statutes or NRS § 125C.0035. Here, we explore what the legislature means when it states, which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
In our office, when we look at frequent association, we look at whether there has been gatekeeping or restriction of a parent’s timeshare with a child. We look at whether there is an Order or not because that is always out starting point in the case to see if modification of the Order is necessary or if a parent is just seeking enforcement of the Order. If a litigant is not following a custodial Order, they may be subject to the contempt powers of the Court that may include that parent’s incarceration and/or make up or compensatory time.
If there are no Orders, we look to NRS § 125C.0015 (2) which states, “If a court has not made a determination regarding the custody of a child, each parent has joint legal custody and joint physical custody of the child until otherwise ordered by a court of competent jurisdiction.” Generally, a joint physical custody schedule means that each parent is getting at least three (3) overnights per week with the child. If a parent is not complying with Nevada law in the absence of an Order, you need to file the appropriate Motion with the Court.
If there is an Order, we look to the Order to determine timeshare. The purpose of the Order is to ensure compliance. We first attempt to communicate with the other parent to gain cooperation and if that is not successful, then a Motion will become necessary to bring the contested issue to the Court’s attention.
When we look at a continuing relationship, we look at the willingness of a parent to ensure compliance with the laws and Orders, but we also look at what a parent is doing to foster and encourage the relationship between the child and the other parent. This may things like speaking negatively about the other parent, drawing the child into conflict, planning special events during the other parent’s timeshare so the child feels like something is being missed, telling the child that he or she gets a choice about the timeshare or whether to go, etc.
In future blogs, we examine continue to examine each of the best interest factors and provide insight based upon our unique experience as family law litigators.