Divorce Guide

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Nevada Divorce Custody


Nevada divorce custody laws are much similar to the custody laws that are found in other states of USA. The entire premise while awarding custody is: the best interests of the child are not to be compromised. Following factors are considered while awarding child custody in the state of Nevada:
  • While awarding child custody, judges do not consider the sex of the parent, and therefore, both the parents have equal chances for contesting for the custody of the child.

  • While handling Nevada divorce custody cases, judges look into the parent-child relationship and determine which parent can provide the emotional support to the child. The basic interests and wishes of the child are considered while determining which parent “fits the bill”. The priorities of both the parents regarding child care are then analyzed to see how they would be able to meet the needs of the child. Financial needs of the child are not considered as important because, this can be fulfilled by child support.

  • If the child is considered wise and has a sound reason for parental preference, then Nevada judges are seen awarding custody to that parent. However, such situations are rare and in most of Nevada divorce custody battles, judges avoid asking the child to express his/her preference. They f ear that the child may suffer from guilt pangs.

  • Nevada state laws allow a child of 15 years and above (below 18 years) to file a petition regarding modification in his custody.

  • Courts also try to see if the parent who might get the custody of the child is physically fit and mentally sound to raise the child. A parent can contest for custody on the lines that the other parent suffers form any mental ailment or is physically unfit to take care of the child.

  • The parent, who provides a stable community to the child and offers an environment which the child is used to, is likely to get the custody of the child.

  • Nevada divorce custody cases are given a final ruling only after the courts ascertain that the custodial parent has not indulged in child abuse or child neglect or any domestic violence etc. Police records are thoroughly checked in this issue.

  • Courts may award joint legal custody if both the parents show a keen interest to cooperatively raise the child despite the divorce. They would then have access to the child’s academic records, medical documents etc. If the parents fail to arrive at a consensus regarding a joint parental plan or a visitation schedule, then the court may order them to participate in child custody mediation. A neutral third party person helps them to draft a sound parenting plan and visitation schedule which needs to be complied by the parents.

  • Physical custody of the child is awarded to the primary caretaker of the child. However, if the court perceives that a parent may alienate the child from the other parent, then Nevada divorce custody guidelines forbid physical custody to that parent. Courts believe in encouraging the child to have a healthy relationship with the other parent.

  • Sole custody is awarded to only one parent if the other parent is found to be having detrimental effect on the child or has abused the child etc. Sometimes, such a parent may find his/her visitation rights forfeited but is expected to extend child support.


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