Divorce cases are always complicated, especially when children are involved. As a parent, you want to make sure your child’s best interest is taken into consideration when deciding on child custody. In Nevada, the court’s main focus is to promote the child’s welfare, which includes making sure they have a stable, nurturing, and supportive environment. If you are going through a divorce case and are facing a child custody dispute, this article will guide you in handling the situation.
Understand Types of Child Custody
Before tackling custody disputes, we must first understand the different types of child custody. In Nevada, there are two types: legal custody and physical custody.
Legal Custody
Legal custody pertains to decision-making authority over a child’s life. This includes, but not limited to, education, religion, medical decisions, and even their daily routine. In Nevada, both parents are entitled to joint legal custody, allowing them to share the responsibility of decision-making for their child.
Physical Custody
Physical custody determines where the child resides most of the time. In Nevada, physical custody can either be sole or joint. Sole physical custody is when one parent has exclusive responsibility for the child, while joint physical custody means that both parents share time with the child.
Child Custody Determination
Nevada’s courts encourage parents to reach a mutual agreement on child custody through mediation or negotiation. However, when parents cannot agree, the court will decide based on the child’s best interest.
Factors Considered in Determining Child Custody
In Nevada, the court considers several factors to determine the child’s best interest. These factors include, but not limited to:
The child’s relationship with each parent, siblings, and other relatives who may significantly affect their welfare.
The child’s preference, age, and maturity level.
Each parent’s ability and willingness to provide the child’s needs, including food, clothing, and medical care.
Each parent’s mental and physical health and lifestyle.
The child’s physical and emotional needs, stability, and continuity.
The ability of each parent to cooperate and communicate with each other.
Each parent’s involvement in the child’s life, including attendance in school activities, extracurricular activities, and medical appointments.
Evidence of domestic violence, alcoholism, drug abuse, and other criminal activities.
Types of Child Custody Orders
When choosing a child custody order, the court considers the child’s best interest and the parties’ agreement. Here are the common types of child custody orders in Nevada:
Joint Physical Custody – Both parents share physical custody of the child.
Sole Physical Custody – One parent has exclusive physical custody of the child.
Joint Legal Custody – Both parents share decision-making authority over the child.
Sole Legal Custody – One parent has exclusive decision-making authority over the child.
Joint Physical and Legal Custody – Both parents share physical and legal custody of the child.
Temporary Child Custody Orders
During a pending divorce case, the court may issue temporary child custody orders, which determines custody arrangements while the case is ongoing. These orders are temporary and changeable until the court decides on a final custody arrangement.
Handling Child Custody Disputes
Dealing with child custody disputes can be challenging, emotional, and stressful. Here are some tips on how to handle child custody disputes in Nevada:
Seek Legal Assistance
When dealing with child custody disputes, it’s always best to seek legal assistance. An experienced family law attorney will help you understand your rights, the court’s process, and the possible outcome of your case. They will also represent you in court, negotiate with the other party, and work towards reaching a favorable resolution.
Establish Communication with the Other Parent
Communication is essential in handling child custody disputes. Both parents must establish communication to discuss the child’s needs, schedules, and visitation arrangements. Communication should always be respectful and child-focused.
Attend Mediation and Negotiation Sessions
Mediation and negotiation are encouraged in Nevada to resolve disputes outside of court. These sessions allow parties to discuss their issues and reach a mutual agreement that benefits the child’s welfare. Attending these sessions will also show the court that both parties are cooperative and willing to work towards a resolution.
Consider the Child’s Best Interest
The child’s best interest should always be the priority in resolving child custody disputes. In every decision, both parents must consider what is best for the child, even if it’s not what they want.
Follow Court Orders
Following court orders is crucial in handling child custody disputes. The court’s decision on custody arrangements is final and must be carried out unless a modification is requested and granted. Violating court orders may result in sanctions and affect future decisions on custody arrangements.
Conclusion
Child custody disputes are always heart-wrenching, but it’s essential to focus on the child’s best interest. Understanding the types of child custody, factors determining child custody, and the process of handling child custody disputes in Nevada can make the experience less stressful. Seeking legal assistance, establishing communication with the other parent, attending mediation and negotiation sessions, considering the child’s best interest, and following court orders are essential steps in handling child custody disputes in Nevada divorce cases.