Child Custody

Understanding Visitation Rights in Nevada

In Nevada, the key concept regarding child custody and visitation rights is “the best interest of the child.” There is no automatic preference in favor of either parent, and both “legal custody” (who has the right and responsibility to make parenting decisions) and “physical custody” (in whose custody the child will physically be placed) must be specified in every divorce involving minor children. Proof that a parent has engaged in acts of domestic violence generally disqualifies that parent from being a custodian of a child.

In the 2009 Rivero case, the Nevada Supreme Court redefined “joint custody” to include all cases in which parents share custody 60/40 or closer (essentially, a 3 days to 4 days a week timeshare).

What if Mediation Fails??

If mediation is impossible or fails, the case might be referred to an outside professional (therapist or psychologist) for “assessment” of the charges one or both spouses are making about the other’s treatment of the children or fitness as a parent.

Alternatively, or even after one or both of the above steps, the Court could order an evidentiary hearing on the issue of child custody and visitation. The court rules require child custody matters to be completed before the remainder of the case is decided. As of 2005, Courts are required to consider all the factors now set out in NRS 125C.0035 – Best Interest of Child; Joint Physical Custody; Preferences; Presumption When Court Determines That Parent or Person Seeking Custody Perpetrator of Domestic Violence or has Committed Act of Abduction Against Child or Any Other Child (basic custody statute)

Can I Move Out of State With My Child?

Once custody has been established, a parent seeking to move out of State with the child must seek the consent of the other parent. If that consent is denied, the custodial parent must seek and obtain a court order permitting the relocation. An attempt to move with the child, without such consent or court order, could be considered grounds for a change of custody.

Factors Relocating Parents Must Meet

The factors that a relocating parent must demonstrate to the Court are as follows:

1. There exists a sensible, good-faith reason for the move, and the move is not intended to deprive the non-relocating parent of his or her parenting time
2. The best interests of the child are served by allowing the relocating parent to relocate with the child
3. The child and the relocating parent will benefit from an actual advantage as a result of the relocation.

Factors the Court Considers For Relocation

If a relocating parent demonstrates to the court each of those factors, the court must then weigh the following factors and the impact of each on the child, the relocating parent, and the non-relocating parent, including, without limitation, the extent to which the competing interests of the child, the relocating parent, and the non-relocating parent are accommodated:

Can Grandparents or Third-Parties Seek Custody?

It is possible for grandparents and other third parties to petition for rights of visitation with, or even seek custody of, children. The statutes governing such cases are linked below.

What is the Parental Preference Doctrine?

Child custody litigation can be between a natural parent or parents and third parties, such as relatives who have physically cared for a child, or foster parents. Nevada has adopted the “parental preference” doctrine, which presumptively favors a natural parent, even if a “better” placement for the child or children arguably exists. The doctrine arises in initial custody contests between natural parents whose rights have not been terminated, and any third parties who seek custody of a child. It is generally inapplicable after a third party has already been granted court-approved custodial rights.

Common Child Custody Issues We Assist

Visitation

Child custody and visitation is the legal term used to describe the legal and practical relationship between a parent and their child, as to both legal custody and physical custody. At the Willick Law Group, we can help a parent to understand their rights and responsibilities when it comes to their child, as well as assist in negotiating and drafting parenting plans and agreements to ensure the best interests of the child are met.

Termination of Parental Rights

Termination of Parental Rights is the legal process of permanently severing the legal relationship between a parent and a child. We can help with filing the necessary paperwork and representing a party to such a case in court, with a clear view of the rights and obligations of both child and parent.

Get Experienced Legal Assistance with Willick Law Group

At Willick Law Group, our experienced Las Vegas child custody attorneys understand the importance of family and will do everything in our power to make sure that you are able to maintain a strong relationship with your children. Our attorneys are well-versed in the complexities of child custody and support laws and are ready to provide you with the professional assistance you need.

Don’t wait to get a qualified and knowledgeable attorney on your side – contact us today to take advantage of our expertise and resources.