Las Vegas Child Custody Lawyer

Nevada Custody Attorney

What is custody?
There are two components to custody. One component is legal custody and one component is physical custody. Generally, unless the parents are so dysfunctional as to be unable to address their children’s needs together, Nevada courts will follow state policy and award joint legal custody. With regard to physical custody, there are myriad factors to be addressed, including the level of involvement of each parent, the ages of the children, the awareness of the parents to their children’s needs, and whether or not there has been a history of abuse or violence.

Where it is possible, we encourage our clients to make decisions regarding custody and parenting with each other, without resort to litigation. If necessary, we can facilitate the use of family court services to resolve the dispute. When parents are unable to agree and family court services have been unsuccessful, we will provide our clients with guidance in determining whether or not to seek a custody arrangement which is perhaps unacceptable to the other spouse. This includes reference to the possible use of expert evaluators who can assist in providing information both to the client and the court in addressing these issues.

Nevada 's custody guidelines:

Generally, the parents agree upon decisions about parenting and custody. If there is no agreement, then the courts will make these decisions. In Nevada, joint or sole custody may be awarded, without regard to the sex of the parents, based on the best interests of the child and the following factors:

the preference of the child, if the child is of an appropriate age
the wishes of the parents
whether either parent has committed domestic violence
any other relevant factors

The courts presume joint custody is the preferred option if both parents agree to joint custody, either by signing an agreement or stating so in open court. There is also a presumption that it¹s in the best interests of the child to not have custody awarded to a parent with any history of domestic violence.

How does joint custody work?

Joint custody is now widely recognized by parents, courts and state legislatures. The Nevada legislature recognizes the importance of encouraging family preservation after separation and divorce and the vital necessity for maintaining both paternal and maternal influences. The court's preference is joint custody if the parents have agreed to joint custody in open court. However, if the child is a product of sexual assault, the assault creates a presumption that joint custody with the sexual assault perpetrator is not in the best interest of the child. The same holds true if the parent has been convicted of first degree murder.

Please know that the court will make a presumption that neither sole nor joint custody of a child by the perpetrator of domestic violence will be in the best interest of the minor child.

Modifications
Although orders for custody and visitation may be entered by the court, children and families change, giving rise to the need for modification in the custody agreement. As Nevada child custody experts, R. Nathan Gibbs, Ltd assists our clients in addressing these concerns and seeking change through modification where appropriate.

The court may, at any time, modify or vacate its order even if the divorce was obtained by default without an appearance in the action by one of the parties.

Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court's own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state, in its decision, the reasons for the court order of modification or termination if either parent opposes it.

While all orders concerning the children may be modifiable in the future, it is not advisable to not enter into an agreement based on the idea that it can be modified later.

For assistance with any aspect of child custody, contact us now. We will always make time to hear what you have to say and stand firmly in your corner.

R. Nathan Gibbs, Ltd
5280 South Eastern Avenue, Suite D-2
Las Vegas , NV
702.471.7454

“We take the time because we care.”