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Understanding Child Custody and Visitation
Understanding child custody and visitation in Nevada is critical to effectively navigating the family court system and getting a custody and visitation order that reflects the best interests of the children.
Child custody and visitation is the system that Nevada courts use for determining child-rearing issues when parents are divorced or have never been married. When you understand how child custody and visitation work, you and your Las Vegas family law attorney can prepare for the legal proceedings that are necessary to arrive at the appropriate result. Here’s how child custody and visitation work in Nevada.
Child Custody and Visitation Laws in Nevada
When parents divorce, the court creates custody and visitation orders for the minor children. If the parents have never been married, either parent may petition the court to establish a custody and visitation order. The court creates a custody and visitation schedule based on the best interests of the children. If you’re a parent and you’re considering bringing a custody or child visitation action, it’s important to understand that you must bring the evidence to the court to prove what’s in the best interests of the children. The court can’t make the right decision for the minor children unless you give them the information that they need to understand the situation.
If you’re involved in a custody or visitation case, our child custody lawyers in Las Vegas can help. With our experienced legal team fighting for you, you can understand how Nevada laws apply to your case. When you understand the laws, you can make smart decisions about how to go about petitioning the court and presenting the evidence necessary to show the court the best interests of the children.
Types of Custody and Visitation in Nevada
There are two types of custody in a Nevada child custody case – physical custody and legal custody. Physical custody is which parent spends most of the time physically caring for the child. One party may do the bulk of the hands-on parenting, or the parents might split time with the child roughly equally. The parent who exercises visitation has the authority to make routine decisions for the child who is in their care.
In addition to physical custody, the court must also decide legal custody. A parent with legal custody makes significant decisions for their child including education, religion, and medical care. Parents may share legal custody in which case they must work to agree on major decisions for the welfare of the child. If the court doesn’t think the parents can work together, or if there is a concern that might impair a parent’s judgment, the court might award legal custody to either of the parents.
Child Custody Factors in Nevada
When the court decides custody, they look at the entire situation holistically. That means they look at the whole situation surrounding the children. There isn’t one issue that determines everything, and there are no gender preferences in Nevada custody and visitation law. Instead, the court looks at many factors including:
- What each parent wants the court to order
- The child’s preference if they’re old enough to express a preference
- The physical and mental health of each parent
- Needs of the child including physical, emotional, and developmental needs
- The strength of the child’s relationship with each parent
- Whether parents can and should be expected to collaborate regarding parenting issues
- Which parent is more likely to encourage the child to have a relationship with the other parent
- Contact with siblings
- Abuse and neglect involving the child or their siblings
- Domestic violence history of any party, whether or not involving the other parent or minor children in the case
When parents are in the same city, visitation orders might include alternating time every few days or even daily. If parents live in different cities or states, visitation may be less frequent and for more extended periods.
Generally, the courts order at least some visitation with each parent. If visitation may be dangerous to a child’s physical, mental or emotional well-being, the court may limit or forgo visitation entirely. In cases where there are extreme concerns with a parent such as a criminal history or alcohol or drug abuse issues, the court may order the parent to have visitation under the supervision of a third party.
The Process for a Child Custody or Visitation Case in Nevada
The process for determining child custody or visitation in Nevada depends on whether you begin the proceedings as part of a divorce case, or if the parents are initiating the case on their own. In either event, your court papers ask the court to establish custody, visitation, and child support orders. In a child custody case that is not part of a divorce action, you may have the added step of establishing parentage of the child.
You begin your case by filing for divorce or filing an action for custody and visitation. If the other party files first, you have the chance to respond. You set about gathering evidence about the best interests of the children. The court may ask you to try to reach an agreement with the other party without presenting the case before a judge. If you’re unable to agree, you hold a hearing where you show your evidence to the court.
Child Support in Las Vegas
An essential part of any child custody and visitation order is child support. Child support depends on the income of the non-custodial parent. The court may take joint custody situations into account.
The purpose of child support is to provide for the needs of the children according to the resources of the parents. Although the court may conduct its own investigation into parental income, each parent must still do their due diligence when it comes to showing the court why a particular child support arrangement is the correct result under Nevada law.
Free Consultation With Our Child Custody Attorneys in Las Vegas
Are you considering child custody or visitation action? Do you need to respond to a pending child custody or visitation action? Our Las Vegas attorneys for child custody and visitation can help.
When you need tenacious, hardworking attorneys to fight for you and your children, the attorneys at Half Price Lawyers are prepared to do what it takes to ensure that your rights are protected under the law. Call us today to talk about your child custody case, ask questions, and learn about how we can pursue your rights together. Call us at (702) 400-000 today.