Because children are oftentimes in the middle, custody cases must be handled with care. At Jennifer Gastelum Law we understand the circumstances parents and children face when dealing with finding the correct custody arrangement for their family.
In Nevada, courts make determinations on child custody based on one concern alone and that is “the best interest of the child.” Nevada Law grants immense discretion to judges allowing them to consider various factors in determining the child’s best interest. It is also important to note, that the custody arrangement ordered by the court determines the child support responsibilities of each parent.
Because of this, having the right lawyer can have a dramatic impact on the parent’s and children’s life. Nevada Law (NRS 125C.0035(4)) outlines the best interest factors, a non-exhaustive list, as outlined below. However, various legal presumptions and other considerations may apply.
- The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody.
- Any nomination of a guardian for the child by a parent.
- Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
- The level of conflict between the parents.
- The ability of the parents to cooperate to meet the needs of the child.
- The mental and physical health of the parents.
- The physical, developmental and emotional needs of the child.
- The nature of the relationship of the child with each parent.
- The ability of the child to maintain a relationship with any sibling.
- Any history of parental abuse or neglect of the child or a sibling of the child.
- Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.
Call us today for a free consultation.