LAS VEGAS PARENTAL RIGHTS
Nevada has a preference for parents to share joint custody of their children, as long as they can provide for the needs of their children and both parents have the availability to handle parenting responsibilities. As such it is difficult to have the Court grant primarily custody or sole custody to one parent. If a parent wants to obtain primary custody they must prove to the Court that joint custody would not be in the child’s or children’s best interests and instead one parent having primary custody is in the child’s or children’s best interest.
Some of the best interest factors are:
- The parents’ ability to cooperate to meet the child’s needs
- The parents’ mental and physical health
- Whether either parent has committed an act of abduction against any child
- The child’s physical, developmental, and emotional needs
- The nature of the relationship of the child with each parent
- The ability of the child to maintain a relationship with a sibling or siblings
- Any history of parental abuse or neglect of the child or the child’s sibling
- Whether either parent has engaged in an act of domestic violence against the child, a parent of the child, or any other person residing with the child.
* List is not exhaustive
MODIFYING A CUSTODY ORDER
If the circumstances of have changed, if one parent wishes to move out of state, or if a parent is not following the Court’s order, child custody orders may be modified by the Court. A parent must file with the Court to have the review circumstances and see if a modification of custody is warranted.
If parent wants to move out of Nevada with the child, they must reach an agreement with the other parent or seek Court approval to relocate. Common elements for relocation are:
- A sensible, good-faith reason for the move
- The best interests of the child favors the relocation
- The move will benefit both the child and the relocating parent
- The move is not intended to deprive the non-relocating parent of their time with the child
- Whether the other parent will be able to maintain a meaningful relationship with the child
*List is not exhaustive
Parental rights are involved in many cases at Family Court. The Court addresses paternity, child custody, visitation, child support, relocation, and other child-related matters when parents file a case in Family Court. With a compassionate, experienced, attorney on your side- your rights, and those of your child, will be protected. If you have any question or would like our help please contact us at (702) 776-7179 or schedule a consultation online at https://jacovinolaw.com/schedule-a-consultation/ .