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Important Information Regarding Child Custody in Nevada: Custody situations tend to be emotionally driven matters that require knowledgeable and compassionate representation. At Roberts Stoffel Family Law Group, our child custody attorneys have the experience necessary to handle the most difficult disputes. Let our attorneys be your voice in and out of the courtroom.
Legal Custody Definition and Determination
Legal custody should be thought of as decision making pertaining to the welfare of children, and usually deals with issues involving education, religion, and health.
Pursuant to Nevada Statute, married parents have joint legal custody of their children. Unmarried parents do not automatically have joint legal custody; however, it is customary for the Court to grant joint legal custody to unmarried parents.
Legal custody can be modified by making an application to the Court. Rarely is it modified with the exception of extreme situations. These situations vary and are dependent on the specific facts of each case. A lawyer with our firm can help determine if your situation may qualify for a custody modification.
Physical Custody Definition and Determination
Physical custody refers to where the children will live. In addition, it determines the amount of child support and who will receive support, as well as the Federal Tax Exemption for the children. Thanks to the tireless efforts of father’s rights organizations, physical custody is no longer determined based upon gender. The Clark County Courts are required to focus on the “best interest of the children” standard instead of the “Tender Years Doctrine” which presumed that children would be better off with their mother at a young age rather than with their father.
In 2009, the Nevada Supreme Court issued a ruling in Rivero v. Rivero, 124 Nev. Adv. Rep. 84, 195 P. 3d 328 (2008), which defined joint and primary physical custody. Under the holding, regardless of what the custodial arrangement is called, the Court is now required to look at the timeshare and determine the percentage of time the children spend with each parent.
A Helping Hand During A Difficult Time
Contact now for a FREE Consultation with a custody attorney! At Roberts and Stoffel Family Law, we’ve helped many families resolve child custody issues with the help of our Las Vegas child custody lawyers. Take the first step and reach out to us today, we’re here to answer any questions you have about a child custody.
Determination Of Custody in Nevada
The courts in Nevada determine custody solely based on the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly. Preference must not be given to either parent for the sole reason that the parent is the mother or the father.
The court will determine custody in the following order of preferences unless the best interest of the child requires otherwise:
Determining The Best Interest of the Child In Court
In determining the best interest of the child, the court will consider the following items:
Actions should be filed where the children live, not necessarily in the State where a parent lives. According to the Uniform Child Custody Jurisdiction Enforcement Act, jurisdiction will be decided upon the child’s home state or, where he/she has been living for more than six (6) months. Other factors include emergency jurisdiction, whether another state has jurisdiction over the child, and if the child and a parent hold significant contacts in a particular state.
Once jurisdiction has been established, jurisdiction remains in the issuing state until the state loses continuing exclusive jurisdiction. Simply put, it means that no one remains living in the issuing state. Just because a parent is permitted to relocate with a child, does not mean jurisdiction automatic transfers to the state where the child has relocated.
According to NRS 3.475, due to the number of people living in Clark County, all parents are required by Nevada law to attend a confidential mediation to attempt to resolve disputes. Mediation is a process in which the parents meet with a mediator, outside the presence of counsel, to attempt an amicable resolution of custody issues.