During divorce due to irreconcilable differences and more severe root causes such as domestic violence, there will always be a question on what would happen to the children. The Nevada child custody laws identify that the parent who wins the case will have the custody. If both parents get custody of the children, it is good but usually, there is only one custodial parent with the other parent there for child support.
Getting the custody of your child can be tough if you are currently under trial for domestic violence in Las Vegas or other similar cases. This article should help you understand more about Nevada custody laws.
The different types of child custody in Nevada
Similar to other States, Nevada custody laws employ two forms of child custody which are physical and legal custody.
Evident from its name, physical custody means you get to live with the child. Legal custody, on the other hand, grants you the right to make decisions for the child. For example, you have control of the school they will go to, the hospitals they could be taken in, and other decisions that they are not ready to make yet. Usually, legal custody rights are shared by both parents but under some circumstances, the legal custody could be the sole claim of the custodial parent.
As we are on that matter of custody-sharing, Nevada custody laws provided ways on how these custody rights will be allocated between the parents. There is the sole custody where only one parent has either or both of physical and legal custody and there is the joint custody where the parents share also either or both of the physical and legal custody.
The process of determining child custody according to the Nevada custody laws
While parents will try to show why they are fit for custody and ultimately negotiate with each other, it is still the court who will decide where the child goes and what kind of custody will be suitable for them.
Child custody laws in Nevada only has the best interests of the child in mind hence they consider these factors as found in Chapter 125C of the Nevada Revised Statutes (NRS):
- The wishes of the child if the child (if they are of a capable age)
- Nomination of a guardian for the child by a parent
- Which parent will most likely be agreeable in providing visitation rights to the other parent
- The level of conflict between the parents.
- Parents are willing to cooperate for the sake of the child
- The mental and physical health of the parents
- The current emotional and physical state of the child
- The type of relationship each of the parent has to their child
- Abuse or neglect of the child or a sibling of the child
- Whether any of the parents engaged in an act of domestic violence or abduction
Domestic violence and Nevada child custody laws
As seen in the elements of Nevada custody laws provided, it is certainly inopportune for a parent to be a defendant in a domestic violence case when he or she is seeking for the custody of the child.
Typically, the child goes to the parent who did not engage in domestic violence. However, there is a chance if you are not yet convicted of the offense.
If the court finds out that both parents committed acts of domestic violence then the court will evaluate the following factors as according to the Nevada custody laws:
- All prior acts of domestic violence involving two of the parents
- The severity of the injuries
- The likelihood of future injury
- If anyone acted in self-defense
- Any other factors that could be relevant to their decision
This is to know if there is a chance for any parent to still be a candidate for custody or the child will have to be turned over to Nevada social services.
And according to Nevada child custody laws, if the parents are unmarried, the mother will have automatic both physical and legal custody of the child.
Present domestic violence charges could ruin your chances of winning the custody of your child. It is easy to get stuck and feel at loss with this, however, assistance of a Las Vegas criminal defense attorney who specializes in domestic violence and has ample knowledge about Las Vegas child custody laws should help give you hope at having better odds of being with your child!