How Does a Judge Decide Custody Issues in Nevada?

If parents are divorcing, a decision must be made on child custody. Any two people who have a child together but who do not live in the same household will also need to create a custody agreement or parenting plan.

It is always preferred for two parents to work together and make decisions on custody issues in Nevada. However, when no agreement can be reached, a family court judge can preside over a custody hearing. The judge will consider arguments from both parents and evidence from witnesses. A court-appointed expert may also be assigned as guardian at litem to the child and will provide a recommendation to the judge. The judge will then enter a custody order that parents have to abide by. An experienced Las Vegas divorce attorney at Pintar Albiston LLP can help parents to negotiate to create a divorce agreement or to go to court and argue for custody. Call today to schedule a consultation and learn more.

How are Custody Issues in Nevada Decided?

Parents should negotiate on custody issues in Nevada and should create a parenting plan that specifies how time with the child should be shared and who will have authority to make decisions about the child.  If parents are not able to agree solely on their own, they may get help from a mediator who facilitates communication and allows them to make a decision that is right for their family. Negotiation outside of court is always preferred because it is less costly, less acrimonious and more likely to provide a result that works for all family members.

Unfortunately, there comes a time when parents realize that they cannot agree and that they will need to turn to the judge. Under the law, custody issues in Nevada are decided based on what is in the best interests of the child. In other words, the judge will consider a number of different factors to determine what custody arrangement will be best for the child or children involved. Each parent will present arguments and evidence to the court to prove why their preferred custody arrangement is the right one for their family.

Some of the different factors that a judge will consider when deciding custody issues in Nevada include:

  • The preferences of the child, if the child is old enough.
  • The ability of the child to maintain contact with siblings.
  • The physical and emotional needs of the child.
  • Whether there is any history or evidence of abuse and neglect.
  • The physical and mental health of each parent.
  • How the two parents are able to get along.
  • Whether either parent has abducted the child, or any children.
  • The willingness of each parent to encourage an ongoing relationship between the child and the other parent.
  • The ability of each parent to provide a stable home and to meet the child’s physical, financial and emotional needs.

Typically, some type of shared custody arrangement is considered best so the child is not cut off from either parent. However, the specific parenting plan that a judge creates will vary depending upon each family’s specific needs. Pinter Albiston LLP has extensive experience representing clients during negotiations and court cases to resolve custody issues in Nevada. Call today to learn how our experienced attorneys can help you.