What Is the Role of the Best Interest of the Child in a Nevada Custody Case?

Nevada law establishes that when a court determines physical custody of a minor child, the only consideration for the court is the best interest of the child. The custody statutes contain many other provisions relating to judicial custody decisions, but that overriding consideration is always of the utmost importance. Since proving the child’s best interest requires presenting detailed evidence to the court, a parent involved in a custody case benefits substantially from representation by legal counsel.

Applicable Nevada Statutory Provisions

Chapter 125C of the Nevada Revised Statutes addresses Custody and Visitation of children. Specifically, NRS 125C.0035 states in part that: “In any action for determining physical custody of a minor child, the sole consideration of the court is the best interest of the child.”  The section includes other detailed provisions relating to court considerations in custody matters, including the factors to consider in determining the best interest of the child.

Subsection 4 of NRS 125.0035 enumerates twelve (12) specific considerations to be included as part of the court’s findings relating to the child’s best interest. They include:

(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody.

   (b) Any nomination of a guardian for the child by a parent.

   (c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.

   (d) The level of conflict between the parents.

   (e) The ability of the parents to cooperate to meet the needs of the child.

   (f) The mental and physical health of the parents.

   (g) The physical, developmental and emotional needs of the child.

   (h) The nature of the relationship of the child with each parent.

   (i) The ability of the child to maintain a relationship with any sibling.

   (j) Any history of parental abuse or neglect of the child or a sibling of the child.

   (k) Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.

   (l) Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child.

If there are indications of domestic violence or abduction, the court must make further specific findings regarding those acts, as set forth in the statute.

Judicial Determination of the Child’s Best Interest

In determining the best interest of the child, the judge must take into account all these statutory considerations, as well as other evidence relevant to the issue. The evidence must be presented in accordance with legal requirements. Only factual evidence produced at a hearing enters into the court’s decision about the child’s best interest. Speculation, unsubstantiated claims, or conjecture by a parent or others will not be considered.

The best interest of the child affects all aspects of a custody case, including the determination of both legal and physical custody. The same evidence may also have a significant effect on child support decisions made by the judge.

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, 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.

Nevada custody laws are extremely complex. Custody cases are stressful and emotional. When you have a knowledgeable custody lawyer on your side in a custody case, your chances of securing favorable rulings improves considerably. Your lawyer also helps you navigate making critical decisions for your family throughout the process and into the future.

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.