Key Issues in a Nevada Divorce Involving Children

When Nevada spouses with one or more children decide to divorce, crucial issues relating to child custody and support must be resolved as part of the process. In some cases, parents can reach an agreement, which is subject to court review. If the parties cannot agree on the terms for custody and support, the court makes the decisions based on the provisions of state law. Legal representation by experienced family law attorneys often helps parents understand the key issues and find common ground for an agreement, while protecting their respective legal rights.

Role of the Best Interest of Child in Determining Custody

Nevada laws govern judicial decisions involving custody of children. When a court reviews a parental agreement or decides custody issues, the overriding principle is what is in the best interest of the child. That determination involves taking many different factors into account. The legal and factual complexity of these custody issues is one primary reason why knowledgeable legal representation is essential in court matters relating to custody.

Physical Custody and Legal Custody

Custody laws recognize a difference between physical custody and legal custody of a child. Physical custody relates to the residence of the child and is the traditional concept of custody. Joint physical custody is the default under Nevada law and is usually preferred by the court, unless the best interest of the child supports a different physical custody arrangement.

Parents may have joint physical custody, where the child lives with each parent at least 40% of the time. If a parent has physical custody more than 60% of the time, that parent is the custodial parent and has primary physical custody of the child. When a parent has physical custody 100% of the time, that parent has sole physical custody. In the case of primary or sole physical custody, the non-custodial parent usually has visitation rights with the child.

Legal custody refers to the right of a parent to make important decisions relating to the child, such as matters relating to medical and health care, education, and religion. In most cases, the courts consider joint legal custody to be in the best interest of a child, so that the parents share decision-making authority over major decisions affecting the child. Joint legal custody and sole legal custody are the only two types of legal custody in Nevada.

The terms of a negotiated custody agreement between the parents must address the details of both physical and legal custody. If the parties reach an agreement, the judge reviews all the terms in detail to ensure that the agreement serves the best interest of the child. Court approval is required before an agreement on custody takes effect. If the parents cannot reach agreement, the judge makes the decisions by considering the evidence and applying Nevada law.

Determining the Amount of Child Support

Just as specific Nevada laws govern child custody determinations in a divorce, state laws also establish the rules for calculating the amount of child support in a specific case. The statutes and guidelines are extremely complex. Representation by an experienced child support lawyer is virtually essential in resolving child support issues as part of a divorce.

Nevada laws impose an obligation on parents to provide equivalent financial support until a child reaches age 18. The obligation is gender neutral and requires both parents to provide the necessary financial means, healthcare, education, and support. In many cases, a non-custodial parent must pay support to a custodial parent. Generally, the amount of support is based on earnings, income, and other factors affecting the ability to pay of the person obligated to pay. The state support guidelines provide a mathematical calculation that is presumed to meet a child’s basic needs. However, evidence can be used to rebut the presumption and establish the need for a different amount of support. A judge can adjust the child support amount based on the economic circumstances of the parents and the specific needs of a child.

Parents of a child may be able to agree on the amount of child support. The agreement must be in writing and comply with specific requirements of the support guidelines. The agreement also must be submitted to the court for approval and adoption as an order of court. A judge is not required to accept an agreement negotiated by the parents. For that reason and other reasons, legal representation is beneficial when a parent is navigating the statutory support provisions and child support guidelines.

Legal Representation in a Nevada Divorce

The critical issues involving children, along with the other issues decided in a Nevada divorce, make it important for everyone considering a divorce to talk with a knowledgeable family law attorney. Even if the parties can agree on the issues and think that an uncontested divorce is possible, discussing the situation with an attorney enables each spouse to protect their legal rights and ensure that an uncontested divorce is in their best interests. Hasty decisions leading up to a divorce can result in serious legal problems later if each spouse does not fully protect their legal rights.

Schedule a Free Consultation with a Las Vegas Divorce Lawyer

Experienced Las Vegas family law attorney Joseph Gersten assists clients with all issues involved in a Nevada divorce, including child custody and child support. He approaches every case with compassion and dedication to protecting the interests and rights of the client. Your initial consultation is always free of 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.