10 Fathers’ Family Law Rights in Nevada

Fathers’ custody rights in Nevada are an important issue. As a father in Nevada, you have the right to establish a relationship with your child. For the vast majority of Nevada fathers, fathers’ custody rights in Nevada are available for you to invoke on behalf of your child.

There are only a few rare situations where a father doesn’t have rights. When you understand your rights, you can exercise them fully. Here are 10 fathers’ custody rights in Nevada from our Las Vegas child custody attorneys.

1. The Right to a Relationship With Your Child

As a Nevada father, you have the right to a relationship with your child. In fact, the courts see it that your child has the right to a relationship with you. If the other parent tries to thwart your attempts to establish meaningful contact with your son or daughter, that can weigh against the other parent in a custody determination.

The court looks at like so: the child has a right to a relationship with both of their parents. That’s what the court is going to keep in mind when they establish a custody order. In nearly every circumstance, the court looks to order regular parenting time on a predictable schedule. In other words, it’s not up to the child’s mother whether or not you can have a relationship with your child. The court wants you to have a relationship with your child; you only have to ask for it.

2. The Right to Seek Joint Physical Custody of Your Child

A parent may ask the court to consider awarding joint physical custody of the child. When a parent requests it, the court must at least honestly consider it. The court will not award joint physical custody where a parent has a history of domestic violence. However, if you agree with the other parent to have joint custody, or if you present evidence to the court that it’s in the child’s best interests to have joint custody, the court may order it.

The court has a wide range of options available when it awards custody. You don’t have to settle for one night a week and every other weekend. An attorney can help you understand the law and form reasonable expectations for your specific case.

3. The Right to a Custody Determination Free of Gender Bias

Nevada law prohibits the court from awarding custody based on gender. Nevada law 125C.0035 says that the court may not give preference in a custody determination to one parent over the other just because of their gender.^[1] The mother may not get preference based on gender, and the father may not get preference based on gender.

While the court can consider things like who is the primary caregiver to the children, custody determinations based on gender bias are against the law in the State of Nevada. You have the right to have the court decide custody based on the merits of the case.

4. The Right to Your Day in Court and an Opportunity to Be Heard

In a Nevada custody determination, you have the right to your day in court. You have the right to be heard in court by an impartial judge, and you have the right to make arguments. The courts have to provide all fathers with due process. Due process means fairly listening to what you have to say before they make a decision. While you have to exercise your rights, you have the opportunity to have your custody case heard in a court of law.

It’s up to the judge to create an order saying when you can see your child. It’s not up to the child’s mother. In the end, the court establishes a custody order, and the child’s mother must follow it.

5. The Right to Make Routine Decisions for Your Child During Your Parenting Time

When it’s your parenting time, you have the right to make routine decisions for your child. The child’s mother can’t tell you what to do or where to go. You decide what activities to do, what the child eats, and what the household rules are. Unless the court decides something specific, you can do any reasonable thing with your parenting time.

6. The Right to Separate Determinations of Physical Custody and Legal Custody

According to Nevada law NRS 125C.002, the court must determine physical custody and legal custody separately.^[2] Even if the court awards primary physical custody to one parent, the court may award shared legal custody. In fact, joint legal custody orders are common in Nevada courts. Absent unusual circumstances, you have the right to participate in major decision-making for your child’s upbringing. Of course, to exercise these rights, you must have an established custody order.

7. The Right to Enforcement of Custody and Parenting Time Orders

The court has the power to enforce a custody and parenting time order. Nevada law 125C.010 says that the court may enforce its own order.^[3] The child’s mother can’t withhold parenting time except in very extreme circumstances.

8. The Right to Make up Parenting Time When You’re Wrongfully Denied Parenting Time

If you have an established custody order, and the child’s mother refuses your parenting time, you have the right to make up parenting time. Under Nevada law 125C.020, as the aggrieved parent, you get to pick when your make up parenting time is going to be within a year of the violation.^[4] An experienced Nevada family law attorney can assist you with a parenting time enforcement action.

9. The Right to a Child Support Determination Based on Nevada Law

A formula determines child support in Nevada. This formula is based on your income, the number of children you have in common, and your custody order. It’s up to the court to determine the child support amount based on accurate information. You have a right to a hearing about your child support order.

10. The Right to Representation From an Experienced Attorney

You have the right to representation from an experienced Nevada family law attorney. An attorney can guide you through the legal process with training and experience that can help you work towards the best result possible while minimizing the stress of the legal system. If you’re ready to fight for your fathers’ rights, contact Half Price Lawyers for a consultation today.

Sources

[1] NRS 125C.0035

[2] NRS 125C.002

[3] NRS 125C.010

[4] NRS 125C.020