Divorcing parents face the daunting task of having to make major decisions before they end their marriage. One of the most important issues that couples must resolve is the custody of their children. In these instances, parents should turn to The Hill Law Group where an experienced Las Vegas Family Law Attorney can help them consider all the factors involved before making this monumental decision about their children.
IN Nevada, the paramount consideration of the court when determining child custody is what is in the best interest of children. A court will not grant custody to parents based solely on the fact that they are the mother or the father of the child. In some cases, a judge may ask the children with whom they would like to live, or order a child interview.
There are two types of custody; Legal Custody and Physical Custody. The courts generally tend to award joint legal custody except in unusual cases. Physical Custody is the actual amount of time a parent has with a child
Legal Custody, gives parents all the rights and responsibilities to make decisions in regards to their children’s medical care, education, religion and welfare. Nevada law automatically grants joint custody to married parents. Unmarried parents can contact a Child Custody Attorney who will represent them when asking the court to grant them joint custody.
In some divorce cases, one parent may ask for Sole Custody, meaning that parent will have full custody of the children while the other parent pays child support and is allowed to visit the children.
Physical custody takes into consideration where the children will actually live each day. . There are 3 types of physical custody. 1) Joint Physical Custody, 2) Primary Physical Custody, and 3) Sole Custody. Joint physical custody is when the parents have either a 50-50 time share or up to 60-40 time share. Primary physical custody is when one parent has the child or children at least 60% of the time. Sole custody is when the non-custodial parent does not have court awarded visitation.
When seeking split custody, it is best to consult a Child Custody Lawyer who can advise parents about the advantages and disadvantages this type of arrangement will have on the children and on each other, particularly on those parents who still hold ill-will toward each other.
Yes. Every child custody case is different. Each parent’s involvement in the child’s life is different. What a parent is looking for or what type of custody they want is different. There is no “one size fits all” and as experienced attorneys, we would not expect there to be. There are a lot of issues that clients need to address when it comes to custody of their child or children. We can help clients address all of the important legal issues and help protect them from potential problems that may occur years down the road. Attorneys are here to help clients so that their rights are protected. So yes, you need an attorney!
An attorney is not there to mediate with you and your ex. When you hire an attorney, you are hiring an attorney to represent you and your best interests, and to be an advocate for you and your position. What an attorney can do to help facilitate a quick resolution in your case is to make sure you understand the law, explain your options, and to apply the facts of your case to the law and the options. With this expert advice, you can make an informed decision as to how you want to proceed with your case. The primary concern of the courts in Nevada is the best interest of the child. The attorney is there to fight for you within the bounds of what the law is in Nevada. Your attorney can also work with the other parent’s attorney to try to help reach an agreement without having to go to court.
If you are in the middle of a divorce, it will be addressed and handled as part of the divorce either by mutual agreement or by order of the court. The first step is to get into court by hiring an attorney to file the appropriate paperwork. In a custody case with divorce or custody alone, in Clark County, Nevada, the court refers the parties to the Family Mediation Center through the Family Services at court for mediation to try to resolve the custody issues. At that mediation, the parties and the mediator try to come to a mutual agreement that works for both sides.
If you are not married, you file a petition to establish paternity, custody and visitation to initiate the case. In some cases, paternity has already been established, and in that instance you would just file a complaint for child support or child visitation. At that point you are only dealing with child custody issues. Anyone who has a child and is not married must go to court to have custody and visitation established. By doing this, you will receive a court order which enforces your rights as the father or the mother, and which sets out your rights to your own child. If you do not have a custody order from a court, you are not going to be able to call anybody to enforce your visitation with your child. This also helps to prevent the other party from refusing you to let you be part of your child’s life.
The main types are legal custody and physical custody. Legal custody is the right of the parent or parents to have a say in the important decisions or important events of a child’s life such as school, religion, being involved in medical decisions, have a right to go to the school to obtain records, have access to medical records. Most cases result in joint legal custody, and it is very rare that somebody would get sole legal custody.
The next type of custody is physical custody. This is based on how much time you have with the child. The physical custody is broken down further into primary custody, joint custody, and in rare cases, sole physical custody. The court wants both parents involved in the child’s life as much as possible. So, the courts, in most cases, aim for joint physical custody. In Nevada, that means that the time share between the parents is between 40% and 60% of the time with the child. If one parent has more than 60% of the time with the child, that parent is considered to have primary physical custody.
The court’s consideration when determining custody is the best interest of the child. You can prove that it is not in the child’s best interest to be with the other parent because of domestic violence against a parent or the child, child abuse, issues with drugs and alcohol or anything else that may affect the best interests of the child.
It is hard for either parent to fight for sole custody of a child. A mother has no more rights over the child than a father has. Prior to going to court, each parent has equal rights to the child. Regardless of whether you are the mother or the father, you both have equal rights to the child unless and until you can prove to the court that the other party is unfit to have custody. The United States Constitution guarantees equal protection under the law. Therefore, the father is protected and has equal rights.
There is no law in Nevada that allows a child at any age to choose where they want to live. When the court is determining the best interest of the child, the court can and will, oftentimes, take into account the desires of the child. That, by no means, is the determining factor in a custody situation.
Without a doubt, a divorce is an emotionally challenging time for parents. Divorce also impacts children who not only have to handle the stress of their parents splitting up, but they may have to move away with one of their parents. It’s good to know that The Hill Law Group is a dedicated, highly trained team of attorneys that have the expertise in Family Law to help steer families through the process of divorce and place them on the path to starting a new life.
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