Las Vegas Child Custody Lawyer
Child custody and visitation disputes are some of the most emotional family law matters. Most often, custody disputes are between parents committed to protecting their children’s best interests. However, their vision for what is in their children’s best interests is often in opposition. These disputes are often laced with emotional, financial and logistical complications.
Untangling Complex Custody Issues in Pursuit of Workable Solutions
At Kainen Law Group, we understand protecting your relationship with your children is your top priority. Our Las Vegas child custody attorneys are highly effective at untangling the complex issues involved in pursuit of a workable solution. Contact our law firm today to have an experienced lawyer in your corner. We will devote the time and experience necessary to help you obtain a favorable custody and visitation solution.
Focusing on Protecting Children’s Best Interests
The laws and procedures governing child custody in Nevada can be confusing. You may be unsure what legal concepts like joint custody, sole custody, physical custody, legal custody, visitation and parenting time mean and how they apply to your specific family circumstances.
The important question is, what do you want your relationships with your children to look like going forward? Our attorneys can then help you figure out how to achieve your goals.
Some custody disputes involve allegations of domestic violence, substance abuse and other conduct on the part of one or both parents. If these issues play a role in your case, our child custody lawyers will help you understand your options and advocate to protect your children’s best interests.
Nevada Child Custody Factors
The policy of the state of Nevada is to encourage both parents to share the rights and responsibilities of raising their children, and for each parent to have frequent contact and an ongoing relationship with their kids. Although joint custody is generally considered to be in the best interests of the child, that is not always the case. When the parents disagree over the best form of child custody, it is up to the court to decide what is in the child’s best interest. The family law attorneys at the Kainen Law Group are well-versed in Nevada child custody law and have vast experience in custody matters. Our knowledgeable and compassionate family lawyers will walk you through the different factors the courts consider in making custody determinations, and we will advocate strongly on your behalf for a custody arrangement that meets your needs and the needs of your children.
Legal custody and physical custody
There are two types of child custody determinations that must be made in a Nevada divorce – legal custody and physical custody. Legal custody refers to the decisionmaking authority and responsibility regarding the child’s healthcare, education and extracurricular activities, religious upbringing, and other aspects of raising a child. Physical custody refers to the time the child is actually living with a parent.
Joint legal custody is strongly favored in Nevada and is awarded absent evidence that it is not in the child’s best interest. The state’s policy toward joint physical custody, while still favored, is not as strong, and there are many instances where the judge may order primary physical custody to one parent. Some of these situations are where:
- A parent is unable to adequately care for the child for a certain period of time
- A parent has committed domestic violence against the child, the co-parent or another person residing in the same household as the child
- A parent has abandoned the child by failing to have a meaningful relationship or provide support for at least six months
When determining what form of physical custody is in the child’s best interest, the court is required to examine a dozen different factors. These factors are:
- 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
- Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child
The way the court decides these factors is by reviewing evidence and testimony and listening to legal arguments made by the attorneys representing the parents. A custody dispute need not be a battle, but if just one parent is highly contentious, then strong, aggressive litigation may be necessary to protect one’s rights and interests. Regardless of the nature of the dispute, the attorneys at the Kainen Law Group are prepared to advocate effectively on your behalf and find a resolution that meets your needs.
Experienced Child Custody Modification Attorneys
In addition to helping clients pursue initial child custody arrangements after a divorce or separation, we have extensive experience handling child custody modifications and enforcements. A job loss, relocation and other unique circumstances could affect your custody arrangement. Whether you are looking to modify your current agreement or need help enforcing it, we will provide unwavering support to protect your children’s best interests.
Contact Our Las Vegas Child Custody Lawyer to Resolve High-Stake Custody Disputes
At Kainen Law Group, we never shy away from handling complex custody matters. All of our attorneys are exceptionally skilled at handling contested custody matters. When the stakes are high, contact our Las Vegas custody attorneys at 702-823-4900 for an initial consultation.