Child Custody

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) governs which state has the authority to make decisions regarding the custody of children. The UCCJEA is very complicated, and requires an analysis of where the child is living, where the child has lived in the past, where the parents are living, and what courts have previously made custody orders. If you have any questions regarding whether Nevada is the proper state for your child custody case, please contact us and we will be happy to help you.

In Nevada, there are two types of child custody:  legal custody and physical custody.  Legal custody involves making major decisions for the children, such as decisions regarding medical care, choice of schools, and religious upbringing.  Physical custody involves actual time spent with the child.

The Court makes almost all child custody decisions based on what it finds to be in the best interest of the child. In Nevada, the Court must look at twelve factors. At least three of these factors concerns how parents treat each other: Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the other parent; the level of conflict between the parents; and the ability of the parents to cooperate to meet the needs of the child. Each parent should therefore treat the other with courtesy and professionalism, or risk the court reducing their custody rights.

The Courts take domestic violence, and allegations of domestic violence, very seriously. If the Court finds a parent has committed domestic violence, there is a presumption that that that parent should not have joint or primary custody of the children. People who are victims of domestic violence, or who reasonably believe they may become victims, may seek a Temporary Protective Order (TPO). Temporary Protective Orders can prevent further contact, harassment, violence, and even coming into the same proximity. Used improperly, they can prevent someone from returning home or continuing to have a relationship with his or her children.

Under Nevada law, if a parent desires to move with the children far enough away that it would substantially impair the other parent's ability to maintain a meaningful relationship with the child, the parent needs to first ask for written permission from the other parent. If the other parent will not give written permission, then the parent seeking to relocate may request permission from the court. When a parent requests permission to relocate with the children, the Court must weigh the advantages and disadvantages of the proposed move and the best interest of the child.