After divorce or separation, the United States child custody law is governed by the state, not the federal government. Therefore, each US state has its legal representation of the law. Nevada custody laws are alike in most aspects with other US states. The right to custody after the parents’ divorce is decided following the best interest of their child. The US law stipulates that both parents should be treated the same. Neither father nor mother has a preference over child custody concerning the gender of the parent. 

Until the late 1960s, most US states applied the «Young Years Doctrine,» according to which mothers were given custody if a mother could take the responsibility. After that time, the principles of equivalence grew in all the states of the US, both in terms of divorce and separation for a child’s upbringing.

In each state of the US, the equality of child custody varies as per the resources and authorities’ decisions. 

In this article, we will see the child custody laws in Nevada state and how your separation or divorce attorney can help you! 

What is Child Custody Law?

Child Custody Law in Nevada includes all the right that help in making important decisions in the life of a child or the laws that comprises the legal right for acquiring the custody of the child for care purpose. 

There is another term that is used under Nevada custody laws i.e. visitation. It is a secondary form of custody, which includes the visitation towards a child at “n” number of times. This visitation is established through the court order under certain conditions. In addition, visitation refers to a person’s parental leave when it is limited.

What Rights do Parents Have in Nevada?

As per laws on custody of a child, Court orders divide various parental rights and duties, including: 

1. The right to make significant decisions regarding the children;

2. The right to have physical possession of the children; and

3. The duty to financially support the children among the parents after the divorce.

Types of Custody in Nevada

There are four types of legal child custody laws in Nevada:

1. Joint legal custody

  • Both parties must consult on important decisions regarding children in joint custody as per Nevada custody laws. 
  • This includes where children are schooling; who are children’s doctors; if they are permissible to get tattoos, piercings, etc.; Consent to marry; if braces are a worthy idea; whether to seek therapy; and claim for medications. 
  • Parents can access to child’s medical and schooling records with no restrictions. 

2. Sole legal custody

  • In sole custody, As per laws on custody of a child, the resident parent does not have to discuss important decisions for the children with the other parent. 
  • Parents can access to child’s medical and schooling records with no restrictions. 
  • It does not give the resident parental the right to transfer the children to any other parent without prior notice. The parental custody still has to comply with the law and give 30 days’ notice before moving. 
  • The judge must determine that presented facts can prove the granting of exclusive custody. 

3. Divided custody 

In divided custody, all children are equally distributed to each parent. In addition, the court allows each parent to visit or care for other children. This custody occurs in rare cases as per Nevada custody laws and reports. 

4. non-parental custody

This can be granted on short notice if the court determines that the parents or the child needs care, and a lawsuit is filed under laws on custody of a child. Remember that the placement of the grandparents is not the custody of the parents.

Filing for Child Custody in Nevada

Any married couple can file for guardianship, regardless of whether the parents are divorced, separated, or at no time married. Third-party guardians, such as family members, grandparents, or others, who have always favored the child, may request visitation or custody rights. To acquire custody, non-parents must show that they are unable to care for their child or have not respected their parental rights, for example, by leaving the child in non-parental upbringing, as per laws on custody of a child. Grandparents can also receive visitation if a custody dispute is there between the parents. Non-relatives seeking custody should provide evidence that they have an extra material relationship (such as for the sake of kindness) with the child. 

Legal representative and process in court

After presenting your children’s custody case to the legal representative or Nevada court with the help of child custody attorneys, you should ensure that the complaint and summons are obliged on the other or custodial parents; usually, it is done through the bailiff or certified mail. A representative or a judge cannot rule on your case until the summons and complaint have been served on the other parent. Before a legal representative can hear a custodial case, it will usually be referred to the Custody Mediation Program. In Custody Mediation Program, if you and other parents cannot agree on a visitation and care plan, a legal representative provides legal advice to favor the right decision for you. In most Nevada custodial cases, a hearing in court is only arranged if either party requests it. 

As per laws on custody of a child, the court considers the following factors for children custody: 

  • The wishes of both mother and father
  • Wish of the child if the child is adult 
  • The quality of the relationship between the child and parent whether mother or father
  • Relationship with grandparents and siblings
  • The child’s relationship with the religious institution, school, and community
  • The legal and physical as well as mental  health of all players 
  • Any past, present, or possible future abuse with spouse or child  by either parent; 
  • Parent involvement in medication
  • Willingness of custody
  • The ability of the parent to keep the child
  • State of mind of each parent
  • A parent who spent extra time over child’s health

Etc. 

Conclusions

Nevada child custodial laws and rights are given to other custody after separation or divorce of the parents. It is decided in accordance with Nevada custody laws in the child’s best interests. The custodial law stipulates that both the father and mother of a child should be treated the same. Neither father nor mother has a more preference for children’s custody grounded on the gender of the parent. 

If you are wondering how to claim child custody, you can hire an attorney and pay legal fees to ensure the best possible decision for your child. Remember that the attorney-client relationship is important in the type of case. Therefore, provide him with all the necessary information about your issue. Your attorney will make all joint physical custody arrangements for your case.

Frequently Asked Questions

What is the most common child custody in Nevada? 

In Nevada, 50/50 custody is much more common for today’s modern families than it was for previous generations. This means that each parent has custody of the children 50% of the week, month, or year. 

What is the difference between child custody and sole custody in Nevada?

Under child custody laws in Nevada, both parents may have the right to make decisions in regards to the children’s welfare, such as decisions relating to religion, medical care, and education. However, in Sole Custody, the custodial parent will have these rights to make all the decisions for the children.