Few issues in family law can create the level of contention that arises when parents battle over child custody. Sadly, this is natural and common as parents love their children, want to raise their children, and carry some degree of animosity toward one another when they separate. When working toward a resolution to a child custody dispute, it is important to know just what a court would consider if the issue was left solely to a judge.
Best Interest of a Child Standard
The public policy of the state is that children are best served when they have a continuing relationship with both of their parents. In fact, it is generally presumed to be in the children’s best interest for both parents to be awarded joint legal and physical custody of the children following divorce.
Unfortunately, sharing joint legal and/or physical custody of their children is not always a workable resolution for parents. As such, family courts in Nevada are tasked with making child custody determinations based on the “best interest” of the child. This is a child-focused concept that gives family courts wide discretion in the type of evidence they may consider and the weight they can give to evidence.
Specifically, the state legislature has identified a non-exhaustive list of factors that a court must consider when reaching a best interest determination. This includes:
(a) ”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.”
(b) ”Any nomination of a guardian for the child by a parent.”
(c) ”Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.”
(d) ”The level of conflict between the parents.”
(e) ”The ability of the parents to cooperate to meet the needs of the child.”
(f) ”The mental and physical health of the parents.”
(g) ”The physical, developmental and emotional needs of the child.”
(h) ”The nature of the relationship of the child with each parent.”
(i) ”The ability of the child to maintain a relationship with any sibling.”
(j) ”Any history of parental abuse or neglect of the child or a sibling of the child.”
(k) ”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.”
(l) Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child.
Child Custody Attorneys at Viloria, Oliphant, Oster & Aman L.L.P.
If you need assistance with a child custody issue, Viloria, Oliphant, Oster & Aman, L.L.P. can help. Our attorneys appreciate what your children mean to you and will work tirelessly to serve your legal interests. We know that you are putting your trust in us and will treat you with respect and compassion. Let us fight for you. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 204-0388 to schedule an initial consultation or contact our office through our website.