What You Need To Know About Modifying Custody & Support Obligations In Nevada
Child custody and support determinations are among the most contentious aspects of most divorces. Sometimes modification after the original decisions are necessary in order to ensure the continued best interest of the minor children. If you want to seek a modification in either your child support or your potential parenting time, it can be done with the right assistance.
Usually Joint Custody In Nevada
The Court usually starts by presuming that joint legal and physical custody of children is in the best interest of the minor children, meaning that both parents will (1) have approximately equal in-person time with their kids, and (2) will have equal say in making major life decisions for their kids.
In Nevada, any modification of either child custody or child support will only be done if it is in the best interests of the child involved. Many parents are able to agree, because they put the needs of their children first; but many parents disagree about whether making a change will actually benefit the children or whether the proposed change itself will be beneficial. When this happens, the parent seeking a change in custody or support obligations will need to file a Motion with the court to try and get the change made over the other parent’s objections.
Evidence Is Key
Although Nevada allows for a review of child support every three years, a change to either custody or child support generally requires a change in circumstances. If you have experienced a change in circumstances, such as a pay cut or a need to relocate, you may petition the court to change custody and/or child support. If your ex-spouse agrees, create a new parenting plan with them directly whether or not there was been a qualifying change.
While the best interests of the child is the penultimate factor, there are several others that a court must consider in deciding whether or not to make the change. The parent’s motivations in seeking the change may play a role – for example, if it can be shown that a pay cut for the support-paying parent was voluntary, the court will be less likely to grant any modification request. Other issues such as the relationship between co-parents will also affect the determination, as visitation agreements necessitate cooperation and the ability for them to work together.
Contact A Las Vegas Divorce Attorney
The best interests of the child will always control in a custody case, and you must be aware of that before going to court. If you have questions as to how best approach a potential modification of your custody or support agreement, calling a Las Vegas divorce attorney at the Kainen Law Group can be a great step toward getting them answered. Contact our offices today to speak to an attorney.