Compassionate Las Vegas Child Custody Attorneys Ready to Assist You
Five Generations of Family Legal Issues and Child Custody
In some cases, our clients have no choice but to fight for custody of the child when a fair agreement cannot be reached through pretrial negotiations or mediation. The Las Vegas child custody lawyers at Mills & Anderson are highly experienced trial lawyers who are prepared to take the case to trial to protect the child’s best interest.
We represent mothers and fathers with complicated child custody cases in the Eighth Judicial District Court, Family Court Division, in Las Vegas. The established Las Vegas child custody attorneys at Mills & Anderson represent clients living in and around Las Vegas, including North Las Vegas and throughout the surrounding areas of Clark County, NV.
If you need a skilled legal team on family legal issues to handle your child custody case, call our experienced law firm. We work hard to fight for the rights of our clients and to protect the best interest of the child when the court is making any custody determination. Find out what you need to do now to help your children through this difficult process so that their lives are disrupted as little as possible, and their futures are protected. Call (702) 386-0030 to discuss your case with our highly dedicated Las Vegas child custody attorneys at Mills & Anderson.
Thanks to Byron and Gregor Mills my family and I get the fresh start we’ve been waiting for. My trial was supposed to be a two day trial and ended up being only few hours with the outcome we’ve been praying for for almost a year!!! I couldn’t be any happier!! I will be forever grateful for the time and hard work that was put into case!!!!! Thank you Mills & Mills!!!!!!!!
– Jeannien Auffrey
Types of Child Custody Cases in Nevada
- Legal custody;
- Physical custody; or
- visitation with the child.
For either a divorce case or a paternity case, the standard used by the court is determining what is in the “best interest of the child.” The judge must decide the case by a “preponderance of the evidence.” The Las Vegas child custody lawyer will present proof during the trial of evidence that addresses the statutory factors set forth in NRS 125c.0035. The statutory factors are critical in the court’s decision of what is in the best interest of the child.
Factors for the Best Interest of the Children Under NRS 125C.0035
If the parties are unable to resolve the cases before trial or at mediation, then the Court must decide the issues after looking at the evidence and listening to the testimony of witnesses. The court will also make substantial factual findings in the case that become part of the court’s written order. In fact, Nevada law requires express findings as to the best interest of the child in custody and visitation matters. See NRS 125C.0035 and NRS 125C.010(1).
In determining child custody, the courts consider a list of factors set out in NRS 125C.0035. The list is non-exhaustive. The courts often find other factors to be important depending on the facts of the case. Assuming that paternity is established, each parent will have joint legal and physical custody of the child until the court weighs these factors and issues an order. A legal preference exists that joint custody is in the child’s best interests as long as both parents have demonstrated that they desire and are pursuing a meaningful relationship with the child.
To discuss these and other factors please contact our highly skilled Las Vegas child custody attorneys.
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Nevada Law on Joint Legal Custody
Parents have an interest in the care, custody, and management of their children. Although that interest is fundamental, it is not absolute. In order to make these decisions under a theory of joint legal custody, both parents are informed regarding the child’s circumstances and experiences. For this reason, parents in a joint legal custody situation must consult with each other to make major decisions regarding the child’s upbringing.
Nevada Law on Joint Physical Custody
The court is authorized to award primary physical custody to one parent if the court determines that joint physical custody is not in the best interest of a child. In those cases, the court must set forth circumstances in which an award of joint physical custody is presumed not to be in the best interest of a child. The statute also sets forth the circumstances in which a court may award primary physical custody to a mother or father of a child born out of wedlock in a paternity action.
Under the best interest of the children standard, the court must look at the factors set for in NRS 125C.0035(4), which include:
- Whether either parent or any other person seeking custody has committed any act of abduction against the child or any other child.
- Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child, or any other person residing with the child.
- Any history of parental abuse or neglect of the child or a sibling of the child.
- The ability of the child to maintain a relationship with any sibling.
- The nature of the relationship of the child with each parent.
- The physical, developmental, and emotional needs of the child.
- The mental and physical health of the parents.
- The ability of the parents to cooperate to meet the needs of the child.
- The level of conflict between the parents.
- Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
- Any nomination by a parent or a guardian for the child.
- The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her custody.
There are many factors to consider with regard to physical custody. Our knowledgeable and proven Las Vegas child custody lawyers can help you understand them. Get in touch with our Las Vegas child custody attorneys to discuss them.
Child Custody Evaluations: What to Expect
Imagine a neutral third party assessing your family dynamics and recommending a custody arrangement that prioritizes your child’s well-being.
A court-ordered child custody evaluation is an objective assessment designed to determine the best living arrangements for your children. A licensed mental health professional, typically a psychologist, who adheres to Nevada Revised Statutes Chapter 641.207, conducts the evaluation in compliance with state regulations.
The evaluation process collects detailed information about your family dynamics, parenting styles, living arrangements, and other relevant factors to make informed custody recommendations. Let’s look at what the evaluation typically involves.
- Individual parent interviews. Both parents will participate in separate in-depth interviews to discuss their parenting philosophies, communication skills, and daily routines in detail. This gives the interviewer a better grasp of the family dynamics.
- Child interviews. Age-appropriate interviews with your children are conducted to aid in the evaluation process. Interviewers will ask questions to gain insight into your children’s needs, preferences, interactions with each parent, and overall well-being.
- Home visits. The home environment is particularly important. Observing parent-child interactions in each parent’s home provides valuable insight into family dynamics.
- Review of records. The evaluator may consider medical reports, school records, and other relevant documents.
The evaluator will analyze many factors to reach a well-informed recommendation. These include:
- The child’s best interests. This principle underpins every custody decision. The evaluator considers the child’s emotional, physical, and psychological needs, as well as their age, maturity level, and relationship with each parent.
- Parental fitness. The interviewer will assess each parent’s ability to provide a nurturing and stable environment. They will look at factors such as mental health, financial stability, and parenting skills.
- The current living situation. The evaluator will assess the child’s current circumstances and existing custody arrangements. They will examine the child’s current residence, how well the arrangement is serving the child’s best interests, and any potential disruptions to their schooling or social life if the court alters custody.
- The parents’ communication and ability to co-parent. The evaluator will gauge your willingness and ability to communicate effectively with the co-parent for the child’s benefit.
The evaluator’s report, outlining their findings and recommendations for a custody arrangement, becomes a critical piece of evidence presented to the judge. While the evaluation is crucial in decision-making, it is not the sole determinant. Ultimately, judges decide by reviewing the evaluator’s report in conjunction with other evidence presented in court.
Modifications of Child Custody and Visitation Orders in Nevada
After a child custody determination is made by the court, it controls the child’s and the parents’ lives until the child becomes an adult, or the decree is later modified by the court. A joint physical custody order can only be modified upon a showing of 1) a change in circumstances and 2) that it is in the child’s best interest to modify the existing visitation arrangement. To change from a primary physical custody order, the parent must show 1) a substantial change in circumstances affecting the child’s welfare and 2) that the proposed change is necessary for the child’s best interest.
Once the custody order is established, it is valid throughout the United States. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) § 303, adopted in Nevada as chapter 125A of the Nevada Revised Statutes, provides that a child custody determination is enforceable across the United States. It provides that a Court “shall recognize and enforce a child custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with the provisions of” the UCCJEA.
If you are seeking modification or enforcement of a child custody order please contact our highly experienced Las Vegas child custody attorneys.
Modifying Custody Agreements in Nevada
The courts and public policy encourage parents to enter into private custody agreements for co-parenting. The parents are free to contract regarding child custody, and such agreements are generally enforceable and will be adopted by the court as its order. Those agreed-upon terms are generally enforced until one or both of the parties move the court to modify the custody agreement.
If one or both of the parties request that the court modify an existing child custody agreement that has been adopted as an order, then the court must use the terms and definitions provided under Nevada law. A joint physical custody agreement can only be modified upon a showing of a 1) a change in circumstances and 2) that it is in the child’s best interest to modify the existing visitation arrangement. To modify a primary physical custody agreement, the parent must show 1) a substantial change in circumstances affecting the child’s welfare, and 2) that the proposed change is necessary for the child’s best interest.
The Nevada Legislature had not explicitly defined joint custody. Instead, the courts have set forth parameters to clarify which timeshare arrangements qualify as joint physical custody. Joint physical custody is generally found where each party has at least 40% of the available custodial time. As a general matter, it is in the best interest of the child to have frequent time and a continuing relationship with both parents. It is also in the child’s best interest to encourage the parents to share the rights and responsibilities of child-rearing. As such, the court’s preference will be to award joint physical custody if it is consistent with the child’s best interest.
If you have questions regarding this or any other matter, please call us and speak with a knowledgeable Las Vegas child custody lawyer.
Nevada Law for Custody Disputes That Cross State Lines
Conflicts over child custody become more complex when parents live in different states. The UCCJEA governs these situations. Nevada courts can only decide your case if:
- Six-month residency—your child lived in Nevada for at least six months before filing the custody petition, with some exceptions; or
- Home state jurisdiction—Nevada is considered your child’s home state based on UCCJEA factors like residence duration and parental connections.
However, if Nevada isn’t the home state as per the UCCJEA factors, your Las Vegas child custody attorney will need to familiarize themselves with the legal system of the other state involved. This is where a lawyer with a deep understanding of Nevada child custody law and the UCCJEA becomes invaluable. They can:
- Help you determine the appropriate jurisdiction for your case,
- Navigate the complexities of interstate communication with courts,
- Advocate for your child’s best interests effectively, and
- Fight to have your custody order recognized and enforced in the other state.
Don’t underestimate the importance of legal expertise in an interstate custody battle. A skilled attorney can be the difference between a frustrating and drawn-out process and a successful resolution that prioritizes your child’s well-being.
Types of Family Legal Matters Cases
We also represent clients in a variety of issues, including:
- Child Support,
- Paternity,
- Modifications,
- Annulment,
- Guardianship,
- Prenuptial Agreement,
- Termination of Parental Rights,
- Fictitious Address Program, and
- Adoption.
If you are having challenges with any of the above issues, we can help answer your questions and get you the help you need.
Child Custody’s Impact on Child Support in Nevada
If one parent has primary custody, the noncustodial parent has to pay an amount of child support based on the statutory formula. See NRS 125B.070 and NRS 125B.080. Read more about child support determinations in Las Vegas, Nevada.
If you have questions regarding this or any other matter please reach out to us and speak to trusted Las Vegas child custody lawyers.
Frequently Asked Questions (FAQs)
Should I Settle with My Ex on Child Custody?
Depending on your circumstances, it may be beneficial to reach an agreement with your ex-spouse regarding legal and physical custody. Settlements are quite common. In fact, the vast majority of divorces and custody disputes end before trial. The benefits of a settlement are compelling.
- Less conflict. Custody litigation takes a toll on not only you but also your children. By cooperating, you set an example for your kids while demonstrating to the court your willingness to co-parent.
- Familiarity. A divorce court, no matter how well-intentioned, doesn’t know you or your children. If you fail to settle, you allow a stranger to make important decisions regarding your day-to-day relationship with your child.
- Affordability. Before committing your savings to divorce litigation, know that agreement is always much cheaper than conflict.
Of course, settlement may not be possible in many divorces. An emotionally distraught spouse may insist on a fault-based divorce. In other situations, one parent is clearly unfit to exercise joint legal and/or physical custody. This is common in cases of drug or alcohol abuse, physical or emotional abuse, abandonment, parental alienation, and conflicts involving child support. In cases like these, a judge will have to decide what is in the child’s best interests. If you find yourself in a family law dispute that won’t or can’t settle, an experienced Las Vegas custody attorney can help you understand your options going forward.
Can a Parent Deny the Other Parent Visitation for Failure to Pay Child Support?
No. This is a mistake that a lot of people make, and it is not a good idea. If a parent becomes delinquent on child support payments, the custodial parent should take the matter back to the family court that determined child support in the first place. Failure of the non-custodial parent to pay child support is never a justification for denying contact with the children.
Do Grandparents Have Child Visitation Rights?
If a parent has denied or unreasonably restricted a grandparent from having visits with their grandchild, Nevada law allows for a grandparent to petition the court for visitation with grandchildren. In the petition, the grandparent must show that visitation is in the best interest of the child, even over the parent’s objection.
When reviewing petitions for visitation, the court considers the following 10 factors:
- The love, affection, and other emotional ties existing between the party seeking visitation and the child.
- The capacity and disposition of the party seeking visitation to:
- Give the child love, affection, and guidance and serve as a role model to the child;
- Cooperate in providing the child with food, clothing, and other material needs during visitation; and
- Cooperate in providing the child with health care or alternative care recognized and permitted under the laws of this State in lieu of health care.
- The prior relationship between the child and the party seeking visitation, including, without limitation, whether the child resided with the party seeking visitation and whether the child was included in holidays and family gatherings with the party seeking visitation.
- The moral fitness of the party seeking visitation.
- The mental and physical health of the party seeking visitation.
- The reasonable preference of the child, if the child has a preference, and if the child is determined to be of sufficient maturity to express a preference.
- The willingness and ability of the party seeking visitation to facilitate and encourage a close and continuing relationship between the child and the parent or parents of the child as well as with other relatives of the child.
- The medical and other needs of the child-related to health as affected by the visitation.
- The support provided by the party seeking visitation, including, without limitation, whether the party has contributed to the financial support of the child.
- Any other factor arising solely from the facts and circumstances of the particular dispute that specifically pertains to the need for granting a right to visitation pursuant to subsection 1 or 2 against the wishes of a parent of the child.
What Is an Ex Parte Order?
An ex parte order is a court order that is issued based solely on the application of one party, without giving the other party a chance to respond. Courts only use ex-parte orders in emergency situations, particularly if the request is for a custody order, which requires an “extreme emergency”.
In the family legal matters setting, a joint preliminary injunction is the most common ex-parte order. These are routinely granted because the order applies to both parties to prevent them from disrupting the status-quo during divorce or custody proceedings. Where one party is requesting an ex-parte order that will affect only the other party, the court will almost always want to hear from the other party before granting the order unless emergency circumstances exist.
Do Nevada Courts Favor Mothers Over Fathers in Custody Determinations?
No. Courts do not favor any parent based on gender. Custody is determined by the best interest of the child. Let our trusted Las Vegas child custody lawyers answer all your questions.
Additional Resources
Child Custody Violations as Parental Kidnapping – Learn more about how violation of a child custody order can rise to the level of a criminal offense under Nevada law. Under NRS 200.359(1), it is a crime to detain, conceal, or remove a child from another person having lawful custody or from the jurisdiction of the court. The statute provides that the crime can be charged as a category D felony punishable by 1 – 4 years in Nevada State prison and a fine of up to $5,000.
Modification of Child Custody to Move or Relocate Out of the State of Nevada – When the custodial parents want to move or relocate out of the State of Nevada with the child, the parent must either obtain the other parent’s permission or petition the court for permission to move. A move out of state often causes financial hardship for the non-custodial parent because of the expense of transporting the child back and forth for frequent visitations. Learn more about the steps you should take before moving out of state with the child to make sure your rights are protected and to decrease the odds of a custody battle in court to prevent the move. We also represent a parent wishing to prevent the move when the relocation out of state is not in the child’s best interest.
Your Child’s Future Matters – Connect With Our Las Vegas Child Custody Attorneys Today!
If you need help with your child custody case in Las Vegas, North Las Vegas, or anywhere in Clark County, contact Mills & Anderson.
Call our office today to schedule a consultation with experienced Las Vegas child custody lawyers about the unique facts and circumstances of your child custody case.
