When the Court talked about “best interest” what does that really mean?
Best interest of a child is defined by the Nevada Revised Statutes which is commonly referred to as “NRS.” Nevada Revised Statutes Chapter 125C is where the majority of the statutory information is located regarding child custody. NRS § 125C.0035 defines best interest under the law, it contains a list of factors that the Court must consider. The list of factors is not all inclusive so there are other factors that may be raised on a case-by-case basis.
The list of factors that the Court must consider include the following:
- The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody.
- Any nomination of a guardian for the child by a parent.
- Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
- The level of conflict between the parents.
- The ability of the parents to cooperate to meet the needs of the child.
- The mental and physical health of the parents.
- The physical, developmental and emotional needs of the child.
- The nature of the relationship of the child with each parent.
- The ability of the child to maintain a relationship with any sibling.
- Any history of parental abuse or neglect of the child or a sibling of the child.
- Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.
- Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child.
When we reference other factors, what does that mean? It is very broad and at times the Court may indicate that some factors we raise are not necessary for the Court’s consideration. Factors that we may raise include, but are not limited to, the following: historical custodial arrangements, household make up, criminal cases for the parents or people living in the parent’s household, mental and physical health of a parent, etc.
In future blogs, we examine each of these factors and provide insight based upon our unique experience as family law litigators.