How Nevada Courts Determine the Best Interests in Custody Cases
One primary custody question is asked when divorcing with children: what best supports your child’s wellbeing?
Courts rely on the “best interests of the child” standard. This standard guides child custody case rulings throughout the state. If you are currently in a child custody dispute, you’ll want to familiarize yourself with how these cases are evaluated to better prepare you and your case.
In this blog, we go into detail about the “best interest” factors and how custody decisions are generally made.
How Do the “Best Interests of the Child” Effect Child Custody Decisions?
Courts must prioritize the child’s overall welfare. Meaning their emotional, physical, and developmental needs are met.
Judges realize that no two families are the same. And instead of applying a one-size-fits-all rule, judges evaluate each family’s circumstances. The overall goal of a custody arrangement is to promote stability, safety, and healthy relationships between both parents when applicable.
Key Factors Courts Consider in Nevada Custody Cases
The court will assess several core factors when determining a child’s best interests.
The best interests of the child standard in Nevada is a set of factors that judges use to make custody decisions. Nevada Revised Statutes (NRS) describes the best interests of the child factors as:
- The wishes of the child, if they are old enough to express a reasonable preference
- The child’s relationship with each parent, siblings, and any other significant individuals in their life
- The child’s adjustment to their current home, school, and community
- The mental and physical health of each parent and the child
- The ability of each parent to provide for the child’s needs, including food, shelter, and medical care
- The willingness of each parent to encourage a relationship between the child and the other parent
- Any history of abuse or neglect by either parent
- The child’s cultural background and heritage
Judges have the discretion to weigh these factors differently depending on the facts of your case.
How NV Judges Make Custody Decisions
After reviewing the case evidence, judges weigh all applicable factors. No one element determines the outcome on its own. Judges will consider all of the factors listed above and any other pertinent information presented in the case.
Judges will also take into account the type of custody being requested by each parent. In Nevada, there are two types of custody: physical custody and legal custody.
Physical custody refers to where the child will live, while legal custody refers to the right of a parent to make important decisions on behalf of the child. Some of those decisions include the child’s education, healthcare, and religious upbringing.
Joint vs. Sole Custody in Nevada
In most cases, the court will try to award joint custody. Joint custody refers to both parents having equal or nearly equal time with the child. In this case, both parents share decision-making responsibilities. If joint custody would risk stability at home, then the court may award one parent sole custody.
Additional Factors That Can Influence Custody Arrangements
Judges may consider additional details outside of statutory requirements. Such considerations can include the child’s age, proximity of each parent’s home to the school, and the child’s relationship to their step-siblings.
Overall, the courts have broad discretion to evaluate multiple factors that impact families based on their unique circumstance.
Common Mistakes Parents Should Avoid
It’s critical to avoid missteps. Big mistakes can cost you time with your child. To strengthen your custody case, consider avoiding the following mistakes:
- Speaking negatively about the other parent to your child
- Not complying with your existing custody order
- Withholding your child from visiting the other parent
- Withholding your child from communicating with the other parent
- Not thoroughly documenting your involvement with your child
- Letting conflict escalate with your ex
Courts are highly aware of parent behaviors that negatively impact a child’s well-being.
How to Strengthen Your Child Custody Case
If you are preparing for a child custody case, focus on the positive attributes of parenting. If you’re consistently involved in your child’s life, the court wants to know that. And if you have a stable and safe home environment for your child, the court wants to know that too. Parents that do well in custody cases are typically the ones willing to co-parent well with their ex. The court appreciates when parents prioritize their children over themselves. These examples demonstrate honest, predictable, and reliable parenting.
Working with a Reno Child Custody Attorney is for Your Benefit
Child custody cases are typically upsetting for the parties involved. A top-rated family law attorney will quickly help you build a strong, evidence-based case from the start. Our team prepares individuals based on Nevada custody laws and court procedures. We advocate effectively for our clients through negotiations and in court. Ultimately, we are protecting your parental rights while keeping the center of attention on your child.
Having the right legal strategy can make a meaningful difference in your case results.
Contact Carlson & Work Reno Custody Attorneys
Facing a child custody dispute in Northern Nevada? Don’t delay. The stakes are high. Our attorneys are committed to helping you move forward through case resolution.
We provide practical legal guidance tailored to the best interests of your child under Nevada law. Give us a call today to learn about your options.
