Child Custody Attorney in Las Vegas Helping You Determine the Right Custody Arrangement for Your Family
Child custody is the guardianship of a minor child under the age of 18. When a married couple or two people with children break up, they must determine a child custody arrangement as part of divorce proceedings or the division of assets and separate living arrangements.
The primary goal of the legal system is to ensure the best fit and situation for your children. As such, the court encourages all parents, now more than ever before, to equally embrace the responsibilities related to their children after divorce or a split. The goal is to ensure the least disruptive situation and a seamless transition as they find a new normal.
To strike the right balance for your children, our family law attorneys can walk you through custody arrangements, including sole custody or joint physical custody, as possible options and offer assistance regarding appropriate child support payments to ensure your children are well taken care of.
While joint custody is the ideal scenario, judges will favor one parent over the other if there are neglect issues in the home or signs of an unfit parent. Notify your Las Vegas attorney immediately if you are dealing with domestic violence in the house—Fuller Law Practice can provide emergency solutions to ensure your and your children’s safety.
Contact Fuller Law Practice to handle your child custody case for guidance regarding child custody situations or legal mediation for a child custody dispute.
What are the Types of Child Custody Arrangements?
There are two types of child custody arrangements in Nevada, including legal custody and physical custody. These guardianship roles describe parents’ specific legal duties in caring for their children after a breakup or divorce.
A judge will decide on an appropriate child custody arrangement. The court will consider the following factors:
- Wishes of the child if they are of sufficient age and have a preference
- Nomination by a parent of a guardian for the child
- Level of conflict between the parents
- Mental and physical health of the parents
- Physical, developmental, and emotional needs of the child
- Relationship with other siblings, if any.
- Home life, including any neglect by one or both parents; domestic violence, or assault
- Which parent will support the child’s relationship with the other parent
This is a starting point for the judge, not the only consideration when granting custody. Because they are essential, our child custody lawyers will emphasize these points to make a case on your behalf, especially if you seek primary physical custody.
Nevada law supports joint legal custody and parents sharing in the responsibilities related to their children. For example, both parents might have their children 40 to 60 percent of the time to be considered joint physical custody.
In any case, working toward a mutual understanding will be in your and your spouse’s best interest.
Can I Modify Our Current Child Custody Agreement in Las Vegas, NV?
A non-custodial parent can request a child custody modification if circumstances have changed. Even if you have a good relationship with your ex-spouse, we advise you not to make any revisions yourself or through an informal agreement with your partner. Child custody is a legal process and must be treated as such.
As the court’s goal is to ensure minimal disruption to your children’s lives, you must have sound reasoning as to why you need a modification. Judges follow specific legal standards in Las Vegas, NV when reviewing child custody cases; most agreements are “up” for review every three years as financial situations change related to child support.
There are many reasons a child custody agreement might need to be revisited. As kids grow up, their needs change, and a parent might be unable to manage them full-time. One parent might get remarried and need to relocate or travel for business for an extended period. In other cases, one parent might be unfit and unable to fulfill the needs of the agreement.
Parents might ask a judge to change a child custody agreement, and any decision must be in the child’s best interest. An attorney best handles this delicate conversation and positions it the right way for the judge.
Examples of requests might be that the current visitation schedule is not working, one parent desires a different custody arrangement—joint or primary—the child’s welfare is impacted in some way, or relocation is necessary for the parent.
The first step is a hearing, followed by paperwork to make the decision official. We can handle legal representation and ensure you bring the right message to the court.
What is Joint Legal Custody?
Joint legal custody is shared legal custody between two parents that share all significant decisions for their children, from finances to education to activities to medical care. In a joint legal custody arrangement, the children will likely spend approximately half the time with both parents and a similar split, such as 40 to 60 percent.
The court embraces joint legal custody despite some minor drawbacks as it gives both parents and children a fighting chance after divorce to maintain a (somewhat) similar relationship and living arrangement as they had during the marriage.
Both parents are considered for joint legal custody during divorce proceedings as the preferred custodial situation, and there is no gender bias toward a mother or father. If there is evidence of either parent neglecting or harming their children, custody will be revoked, and primary physical custody will be granted to the other parent.
There are cases where family members step forward, such as grandparents or stepparents, if one or both parents aren’t living up to the expectations of the child custody agreement. Or suppose there is known sexual violence or domestic or physical violence in the home. In that case, bringing it to the court’s attention is essential as safety is the number one priority.
An attorney will ensure a seamless child custody modification process for everyone involved. If you are a custodial or non-custodial parent wishing to make a change, call us today: (702) 935-4144.
What Should I Do with a Child Custody Dispute?
Divorce can feel like a battleground sometimes, and child custody is one of the most emotional decisions a family can make during child custody proceedings.
Avoid child custody disputes with your spouse and work through your attorney. To do this and to ensure the court sees you in the best light, especially if you are fighting for primary physical custody, consider these tips:
- Stay active in your children’s education, extracurricular activities, and sports, even if it’s not “your weekend” or week.
- Consider mediation with your spouse to help the decision-making process.
- Rely on family therapy or counseling sessions for your children so they have an outlet to voice and address their issues.
- Avoid introducing new people to your kids and disrupting a delicate situation.
- Don’t talk badly about your spouse or engage in arguments in front of your children.
- Maintain a routine best you can and continue doing some of the things you’ve always done with your children, like Sunday breakfast with family, church, or similar things
We can help you and your spouse prevent unnecessary family issues through clear and logical decision-making and ensure the best decision for your children. For all of your child custody needs during divorce proceedings, contact Fuller Law Practice for family law counsel: (702) 935-4144.