Las Vegas Child Custody Attorney

Custody disputes are one of the most difficult aspects of Nevada divorce cases. Child custody attorney Nathan Gibbs will expertly guide you through all aspects of custody proceedings, and prepare you to present your very best case in the best interest of the child.

What is Custody?

There are two components to child custody in Nevada. One component is legal custody and one component is physical custody.

Generally, unless the parents are so dysfunctional as to be unable to address their children’s needs together, Nevada courts will follow state policy and award joint legal custody.

With regard to physical custody, there are many pivotal factors to be addressed, including the level of involvement of each parent, the ages of the children, the parents’ awareness of their children’s needs, and whether or not there has been a history of abuse or violence.

How a Child Custody Attorney Can Help

Where it is possible, we encourage our clients to make decisions regarding custody and parenting with each other, without resorting to litigation. If necessary, we can facilitate the use of family court mediation services to resolve the dispute.

Unfortunately, parents are often unable to agree, and family court or other mediation services may prove to be unsuccessful. If you are in the midst of a custody battle with your former spouse, the assistance of an experienced child custody attorney can make a significant difference in your case.

In these cases, we will provide you with the legal guidance you need to determine whether or not to seek a custody arrangement which is perhaps unacceptable to your spouse. This includes the possible use of expert evaluators who can assist in providing information to both you and the court in addressing these issues.

Nevada‘s Child Custody Guidelines:

Generally, the parents are expected to attempt to agree upon decisions about parenting and custody. If there is no agreement, the courts will make these decisions for you.

In Nevada, joint, primary, or sole custody may be awarded, without regard to the sex of the parents, based on the best interests of the child and the following factors:

  • the preference of the child, if the child is of an appropriate age
  • the wishes of the parents
  • whether either parent has committed domestic violence
  • any other relevant factors

The courts presume joint custody is the preferred option if both parents agree to joint custody, either by signing an agreement or stating so in open court. There is also a presumption that it’s in the best interests of the child to not have custody awarded to a parent with any history of domestic violence.

How Does Joint Custody Work?

Joint custody is now widely recognized by parents, courts and state legislatures. The Nevada legislature recognizes the importance of encouraging family preservation after separation and divorce and the vital necessity for maintaining both paternal and maternal influences.

The court’s preference is joint custody if the parents have agreed to joint custody in open court. However, if the child is a product of sexual assault, the assault creates a presumption that joint custody with the sexual assault perpetrator is not in the best interest of the child. The same holds true if the parent has been convicted of first degree murder of the child’s parent.

Please know that the court will make a presumption that neither sole nor joint custody of a child by the perpetrator of domestic violence will be in the best interest of the minor child.

Modifications to Child Custody Orders

Although orders for custody and visitation may be entered by the court, children and families change, giving rise to the need for modification in the custody agreement. Nevada child custody attorney Nathan Gibbs can expertly assist you in addressing these concerns and seeking change through modification where appropriate.

Contact Las Vegas Child Custody Attorney Nathan Gibbs

For assistance with any aspect of child custody in Nevada, contact us now. We know how hard these issues can be for our clients. That is why we will always make time to hear what you have to say and stand firmly in your corner.