How Does a Judge Determine the Best Interest of a Child in a Nevada Custody Case?
Complex state laws apply to Nevada court decisions relating to the custody of a child. When a judge decides custody issues, the primary consideration under state law is what is in the best interest of the child. Determining the child’s best interest takes many different factors into account. If you face a situation where a court will decide issues relating to the custody of your child, this and other complicated state law issues make legal representation essential.
Child Custody Laws in Nevada
As a matter of state policy, Nevada law endeavors to ensure that a child continues to have a relationship with both parents after the spouses separate or end the marriage. Under the applicable custody laws, both parents continue to have joint custody of the child and equal legal responsibilities and obligations for the child, unless a court decides otherwise. Joint custody includes both legal custody and physical custody.
Legal custody refers to the right of a parent to make important decisions about a child. Physical custody refers to where the child resides, which is consistent with the traditional concept of child custody. Joint physical custody refers to a situation in which the child lives with each parent at least 40% of the time. If a child lives with one parent more than 60% of the time, that parent has primary custody and is referred to as the custodial parent. A parent who has physical custody of a child 100% of the time has sole physical custody of the child. Additional details about legal and physical custody are provided in our blog article, What Is the Difference Between Physical Custody and Legal Custody in Nevada?
Joint custody rights and obligations of parents can only be altered by a court decision, made during a custody case either as part of a divorce proceeding or as a separate court action. In making the decision on whether to award primary physical custody to one parent, the court applies the established standard of what is in the best interest of the child. The laws provide many different criteria that the court must take into account in determining the child’s best interest.
Factors in Evaluating the Best Interest of a Child
In deciding the best interest of a child, the court begins with the presumption that both joint legal custody and joint physical custody are in the child’s best interest if the parents agree to joint custody in court or in a written document, or if a parent has demonstrated (or attempted to demonstrate, with those efforts frustrated by the other parent) an intent to establish a meaningful relationship with the child. custody.
A judge may order joint legal custody without awarding joint physical custody. There are specific circumstances in which an award of joint physical custody is presumed not to be in the best interests of a child, such as evidence of domestic violence by a parent or evidence that a parent cannot adequately care for the child. If the circumstances do not fall within any of the specific statutory rules, the court’s sole consideration in determining whether to award primary physical custody to one parent (rather than joint custody) is the best interest of the child.
Only factual evidence produced at a hearing will enter into the court’s decision about the child’s best interest. Speculation or conjecture by a parent will not be considered. The law sets forth specific findings that the court must make in the process, which include:
- The wishes of the child, if the child is old enough to have a preference
- Which parent is more likely to allow the child to have a continuing relationship with the noncustodial parent
- Level of conflict between the parents
- Ability of the parents to cooperate regarding the child’s needs
- Mental and physical health of the parents
- The child’s physical, developmental, and emotional needs
- Nature of the child’s relationship with each parent
- Child’s ability to maintain a relationship with any brother or sister
- Whether there have been acts of domestic violence against the child, child’s parent, or any other person living with the child by person seeking physical custody
- Whether the person seeking physical custody has committed any act of abduction against the child or any other child
If there is evidence of acts of domestic violence or abduction, the court must make further specific findings regarding those acts, as set forth in the statute.
In determining the child’s best interest, the court takes into account all the statutory considerations, as well as other evidence relevant to the issue. The evidence must be presented in accordance with legal requirements. In any case involving a court determination of the best interest of a child, representation by a knowledgeable family law attorney is crucial. It is not advisable for anyone to try to represent themselves in a custody proceeding due to the complex statutory provisions that apply, as well as the formal courtroom process and procedure and evidentiary rules. Our blog post on representing yourself in a child custody case contains additional information about legal representation in a custody case.
Schedule a Free Consultation with a Las Vegas Child Custody Lawyer
Experienced Las Vegas custody attorney Joseph Gersten assists clients with all types of family law matters, including child custody. He approaches every case with compassion and dedication to protecting the interests and rights of the client. If you face a legal action involving custody, please take the time to talk with us without a charge or obligation.
The Gersten Law Firm serves clients in Las Vegas, Henderson, and elsewhere in Clark County. Call us at 702.857.8777 or complete our online form to schedule an appointment.