The Nevada legislature recently updated the child custody laws to favor joint custody between separating parents. However, there may be reasons to award one parent more custodial time over the other. The primary focus in custody determination is the best interest of the child but you should also be aware of the following:
The court will consider…..
1. The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference. This usually means at least age twelve. However, some judges will not allow older teenagers to make decisions regarding their living arrangements.
2. Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent will be evaluated.
3. The level of conflict between the parents can influence the judge’s decision.
4. The ability of the parents to cooperate to meet the needs of the child is another factor. Some parents just have too much conflict to work together to raise their child. This means the Court may give custody to one parent over the other if they simply cannot co-parent.
5. A child may have special needs that cannot be adequately met by one of the parents versus the other.
6. The Relationship of the child to other siblings, may affect the outcomes.
7. If one of the parents has committed domestic violence, then there is a presumption that the offending parent may not be suitable for joint custody.
For more than 22 years, Attorney Ethan Kottler has practiced in the areas of family law, estate planning and guardianship matters representing clients throughout the state of Nevada. Attorney Kottler works at Law Offices of Lee A. Drizin in Las Vegas, NV.
Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.