Should a Stay-at-Home Parent Be Awarded Custody in Nevada?

Decisions on child custody should generally be made by the two parents working together. If the parents fail to come to an agreement and cannot create a parenting plan to share custody, then a judge will think about what is in the child’s best interests and will then enter a custody order.

When deciding who should be awarded custody in Nevada, one issue that may come up is whether a stay-at-home parent should be given preference as far as having physical custody of the kids. The fact that one parent has stayed at home may have an impact on child custody but should not necessarily be the determining factor. An experienced Las Vegas divorce lawyer can help parents to consider the custody issue so they can make informed choices. Pinter Albiston LLP will assist you in negotiating on custody matters with your spouse and on arguing before a judge to convince the court to award you custody.

Should a Stay-at-Home Parent Be Awarded Custody in Nevada?

When you get a divorce, you can negotiate with your spouse to decide on spousal support and custody issues. If you agree that a non-working spouse should continue to stay home with the kids, you can create a divorce settlement in which the working spouse provides financial support and the other receives primary or sole physical custody.

However, if there is no agreement on these issues, then the stay-at-home spouse may not necessarily get to continue to remain in the home after the divorce has ended. While a judge may award temporary or permanent spousal support, it often won’t be enough to allow the stay-at-home spouse to avoid working until the child is an adult. The non-working spouse who had stayed at home in the past may need to take a job and become self-supporting after the divorce. This means that the stay-at-home parent shouldn’t necessarily be awarded physical custody of the kids with the assumption that he or she will continue to be able to provide full-time care.

The judge will think about what is in the best interests of the child when deciding who should be awarded custody in Nevada. One factor is who has provided the bulk of the child’s care. This means that a stay-at-home parent may be given more time with the child as part of the custody agreement simply to avoid interrupting the child’s routine. However, other factors are also considered as well including the relationship the child has with both parents; the ability of each parent to provide a stable home and meet the child’s needs; and the willingness of each parent to make it possible for the child to continue relations with the other parent, siblings and extended family members.

Because so many issues go into determining who will be awarded custody in Nevada, it is important that you are represented by a lawyer when the issue of custody arises in your separation or divorce. A Las Vegas family law attorney at Pintar Albiston LLP can help throughout the custody division process. Call today to schedule a consultation and learn more.