How Does Domestic Violence Affect Child Custody in Las Vegas?
Domestic violence and child custody are issues that combine to form serious problems in some Las Vegas families. A charge of domestic violence can tear a family apart, create life-long traumas, and impact a parent’s rights. Child custody is already a contentious and emotional issue between parents. If domestic violence becomes involved, child custody can be restricted or taken away from the alleged aggressor.
Defining Domestic Violence in Nevada
Domestic violence is a serious matter that can impact individuals and families across a wide range of backgrounds. It involves many different abusive behaviors aimed at one person gaining control and dominance over another person in a domestic context.
Nevada has a broad definition of domestic violence. State law defines it as one person committing a certain type of act against someone with whom they have an intimate relationship.
Domestic Relationship
Relationships that qualify as domestic for purposes of domestic violence charges can be with any of the following people:
- Your spouse,
- Your former spouse,
- Someone related by blood or marriage,
- Someone you are in a dating relationship with, or
- Someone you share a child with, regardless of whether you ever lived together.
This list covers the most common qualifying relationships, but others can also count, such as children of any of the above individuals.
Acts That Can Lead to Domestic Violence Accusations
The acts that can amount to domestic violence include:
- Assault,
- Battery,
- Coercion,
- Sexual assault,
- False imprisonment, and
- Pandering.
Nevada also has expanded the definition of domestic violence to include knowing, purposeful, or reckless actions intended to harass the other person. Examples of this conduct may include, but are not limited to:
- Stalking,
- Arson,
- Trespassing,
- Larceny,
- Destruction of private property,
- Carrying a concealed weapon without a permit,
- Injuring or killing an animal,
- Burglary,
- Home invasion, or
- Entry against the will of the other.
If you have any questions about whether the act you are accused of committing qualifies as domestic violence, a seasoned attorney can answer your questions and guide you to the most successful case resolution possible.
Child Custody and Visitation Decisions in Domestic Violence Cases
How does domestic violence affect child custody in Las Vegas? Domestic violence charges and convictions can seriously impact child custody and visitation rights. Nevada’s policy aims to prioritize and safeguard the child’s safety. When domestic violence is present in a family, it can threaten the child’s safety, and the court can take measures to intervene.
Best Interest of the Child Standard
Nevada’s best interest of the child standard is broad. To assess what might be in the child’s best interest for the purposes of custody and visitation, the court must consider the following factors:
- The stability of the home environment;
- The child’s physical, emotional, and educational needs;
- The level of conflict between the parents,
- The relationship between the parents and child,
- The wishes of the child if they are of appropriate age and capacity to voice their preferences,
- The parent’s ability to provide for the child, and
- Any history of family violence.
The court must also consider whether either parent or anyone seeking custody has engaged in an act of domestic violence against the child, a parent of the child, or any other person who lives with the child.
Courts take domestic violence in custody cases seriously because of the long-lasting and traumatic effects that it can have on children. Being a victim of or a witness to domestic violence can have severe impacts on a child’s psychological and physical well-being. It can lead to behavioral, emotional, cognitive, and developmental issues.
Presumption Against Granting Custody to Domestic Violence Perpetrator
Nevada has many laws in place to protect a child’s welfare and safety. Typically, the state believes that a child benefits from joint custody because the child can interact and foster relationships with both parents. However, if there is domestic violence involved, the law makes a presumption that joint or primary custody of the child by the perpetrator of the domestic violence would not be in the child’s best interest.
Since the perpetrator’s actions can detrimentally impact the child, the presumption is that they would not be the best fit to parent. The presumption is rebuttable, and the perpetrator can put forth evidence to demonstrate that granting them custody would still be in the child’s best interests.
Additional Court Considerations for Custody and Visitation Where Domestic Violence Is Present
The court may consider the severity and context of the domestic violence to balance the benefit of continued parental involvement with the risk of abuse. Some things they may consider include:
- The frequency of the abuse;
- The impact of the abuse on the child and any victim parent;
- The nature, extent, and severity of the domestic violence; and
- The possibility of any protective measures (such as supervised visits or safe exchanges).
These additional considerations allow the court to factor in the child’s safety and physical and mental health. The goal is to make custody decisions that do not further endanger or harm the child. The courts also scrutinize the evidence to assess the credibility and severity of all allegations.
Child Custody and Visitation Outcomes
When domestic violence is present in a child custody case, there are several possible outcomes, including:
- Sole custody—if one parent is the domestic violence perpetrator, the court may grant the other parent primary or sole custody;
- Supervised visitation—the court could order supervised visitation with the parent who perpetrated domestic violence if it finds that such visits are in the child’s best interests;
- Protective orders—a court can issue a protective order to limit or prohibit the perpetrating parent’s access to the child or the other parent; or
- Termination of parental rights—in the most severe cases where an abusive parent is found unfit to continue parenting, a court may terminate their parental rights.
Each custody and visitation outcome will be based on the specific facts involved and what is best for the child.
If you are concerned about how domestic violence will impact your child custody or visitation, Mills & Anderson can help. Our firm is focused on family law matters and has decades of experience. Our attorneys have in-depth knowledge of cases involving domestic violence, child custody, and visitation. A Mills & Anderson attorney can review the facts of your case, prepare creative legal strategies, and advocate on your behalf to protect your rights. As a small firm, we provide individualized, one-on-one attention to each client’s concerns. We are dedicated to offering compassionate and thoughtful legal support during challenging times that can have serious familial impacts. Contact Mills & Anderson today to learn how we can help resolve your child custody and visitation issues.
FAQs
Can I Deny an Abusive Parent’s Visitation Without a Court Order?
Typically, no. Without a court order, parents have equal rights to the custody of their child. If you already have a custody order from the court that grants your child’s other parent custody or visitation, your denial of visitation or custody rights could cause contempt sanctions against you, which could include jail time. You may have to ask the court to grant an initial custody order or to modify an existing order in a way that restricts the other parent’s access to your child.
How Do I Start a Child Custody Case?
A child custody case starts when parents who share a child file for divorce. Or, if a child’s parents are not married, either parent can start their case by petitioning the court for custody. When you submit your petition for divorce or custody, you typically must personally serve the other parent with your complaint and a summons. Personal service means having a sheriff, a deputy sheriff, or someone who is at least 18 and not a part of your case personally deliver your legal paperwork to the other parent. Unless they waive service, the other parent then has 21 days to respond to your complaint before your court case can move forward.
Do I Have to Wait Until I Receive a Final Custody Order to Restrict an Abusive Parent’s Access to My Child?
No. While you are waiting for the court to make a final decision on an initial or modified custody order, the court can grant you a temporary order to restrict that parent’s time. You may be able to receive a temporary protective order against the other parent without giving them notice. You can avoid notice if you can show that giving it would cause irreparable injury and that notice should not be required.
How Long Does a Temporary Protective Order Last?
The standard temporary restraining order lasts 45 days. However, a judge can extend a temporary protective order up to two years if they find good cause to do so.
How Does Domestic Violence Affect Child Custody Case Evidence Standards?
An allegation of domestic violence is serious for the survivor and for the accused. Nevada courts do not restrict parenting time in light of abuse allegations without significant proof. Before limiting a parent’s custody rights, the court must find clear and convincing evidence that the parent accused of abuse committed domestic violence against you, your child, or someone with whom your child resides.
What If I Want to Move Away from My Child’s Abusive Parent?
Regardless of whether you and your child’s other parent have a joint or primary physical custody arrangement, you need consent from the other parent or permission from the court before you can relocate with your child outside of the state. This rule applies to relocations that would substantially impair the other parent’s ability to have a meaningful relationship with your child, even if the move is within the state of Nevada. Moving your child far away without permission or consent could subject you to criminal penalties.
Resource List
- NRS § 125C.0035, link
- NRS § 125C.0015, link
- NRS § 125C.030, link
- NRS § 125C.0045, link
- Nevada Rules of Civil Procedure, Rules 3, 4, 12, and 65, link
- NRS § 200.359, link
