When parents divorce, Nevada law says that the order governing child custody and visitation must reflect the child’s best interests. Regardless of whether the outcome is determined in court or through negotiations, this can be a complex and contested process.
The Miley Law Firm, P.C. safeguards parental rights and strives to set up arrangements that help sons and daughters move past a difficult time and thrive under their new circumstances.
Our Las Vegas child custody lawyers are here to guide you through the process and toward a favorable resolution. Call us today at 702-942-0600 or contact us online.
Understanding Legal Custody, Physical Custody, and Visitation in Nevada
As a seasoned Nevada family law attorney, Edward Miley has the experience to find creative, lasting solutions to the concerns that parents face when they choose to divorce or live apart.
Whether your breakup was relatively amicable or bitter, we provide thorough counsel on:
- Legal and physical custody — Custody orders address where the child will reside (physical custody) and who will have authority to make important decisions affecting the child (legal custody).
- Sole and joint arrangements — Both types of custody can be awarded on a sole or joint basis. Frequently, legal custody is granted jointly so that both parents have influence over their son’s or daughter’s medical treatment, education, and religious upbringing. If one parent lacks the capacity to handle this responsibility capably, our firm can seek to limit their authority. Residential custody can also be shared, but this could be difficult depending on proximity of the parents’ homes.
- Visitation — Where one parent has primary physical custody, drafting an appropriate visitation schedule is required so that the child can maintain a strong bond with the noncustodial parent. Creating a proper framework can be complicated given the demands of everyday life. We help clients address issues such as vacations, holidays, and transportation between residences.
Judges can review any factor that they think is relevant when deciding a contested custody matter, including:
- Each parents’ ability to provide a safe, supportive environment
- The parties’ willingness to work together on key matters
- Each parents’ physical, mental, or financial problems that could affect the child
Assessing a young person’s relationship with each parent is a complex task, which is why you deserve an attorney who gives personalized attention to each case.
Best Interest of the Child Standard in Nevada Custody Cases
The sole consideration for the court in determining physical custody is what is in the best interest of the child. Generally, both parents are given joint physical custody, but a court may grant primary physical custody to a single parent if it is in their best interest.
The factors that a judge may look at to determine what is in the child’s best interest are laid forth in NRS 125C.0035. Under this code section, a judge may not give preference to one parent over another because they are the mother or father.
To determine whether to award joint physical custody or not, a judge may look at:
- The wishes of the child;
- Any nomination of a guardian;
- Which parent would allow the child to have a continued relationship with the noncustodial parent;
- The conflict between the parents and whether they can cooperate with one another;
- A parent’s mental and physical health
- The needs of the child;
- The child’s relationship with each parent;
- Whether there are siblings;
- Attempts at child abduction;
- History of parental abuse or neglect; and
- Acts of domestic violence.
Modifying Child Custody Orders in Las Vegas Family Court
It is unlawful to violate a court order. Legally, a court-ordered custody or visitation agreement may not be changed unless there is an order of modification or termination granted by the court. Failing to abide with a court order may affect your custodial and visitation rights.
If you need a modification or termination of the terms of a court order, contact our office to speak with an experienced Las Vegas child custody lawyer. We can help fulfill the legal requirements to obtain the change. Altering the terms on your own, such as relocating out of state without permission, may result in criminal penalties.
Las Vegas Child Custody Lawyer for Relocation and Modifications
A new relationship, change in job status, family illness, or some other significant event might justify relocation to a new state or place within Nevada that affects a co-parent’s ability to see the child the parties share.
As with other custody-related matters, decisions that go before the court are based on the child’s best interests. This can be a complex decision, especially when there are strong competing interests.
In these cases and other actions seeking the modification of custody terms, our firm can develop a sound plan to ensure that judges are fully aware of the pertinent facts and likely consequences. Whether you seek or oppose a change, our firm outlines the critical issues and advises clients regarding the likelihood of a successful motion.
Enforcing Child Support and Custody Orders in Las Vegas
Even the most carefully constructed custody and child support arrangements will fail if violations go unchecked. Should you find that your co-parent is not honoring the terms of an order, our firm acts to resolve the situation as quickly as possible.
Whether the best course requires effective communication, a motion to enforce the terms of a custody order or using wage garnishment or another measure to compel full child support payments, we are dedicated to securing the relief that clients and children are entitled to.
What Happens When Child Support Is Not Paid in Nevada Custody Cases
At the Miley Law Firm, we understand how difficult child custody matters can be. Our firm is committed to helping parents navigate every aspect of the proceedings. One of the most disputed areas of child custody is in the awarding of child support. The financial needs of children can be astronomical, and determining what each parent should be responsible for can be challenging.
It is imperative that you do not violate a court child support order, even if you disagree with the decision. Contact our law firm, and we can help seek a modification. Furthermore, if child support is not being paid to you as ordered by the court, we can help. Failure to receive child support payments is not a legal reason for withholding visitation from another parent.
Why Choose Miley Law Firm for Your Child Custody Case in Las Vegas
In a disputed child custody case, you should have legal representation. A Las Vegas child custody lawyer can help you understand your rights and advocate on your behalf. At the Miley Law Firm, we have over 20 years of experience assisting families with child custody matters in Las Vegas and throughout Nevada.
Types of child custody cases we handle:
- Child support orders, modifications, and enforcement;
- Relocation petitions
- Requests to modify joint custody
- Visitation agreements
- Non-parent award of custody
- Modification or termination of a court order
- Violations of court orders
- Child record requests
- Child production orders
We handle all aspects of child custody proceedings. Contact our office to determine how we can help protect your rights and the best interests of your child.
Schedule a Consultation with a Las Vegas Child Custody Lawyer Today
The Las Vegas child custody lawyer at the Miley Law Firm represents parents for all kinds of child custody and visitation matters, from initial custody orders and parenting plans to modifications and relocation petitions. We understand how deeply personal and stressful these cases are, so we strive to provide thoughtful, compassionate guidance. Whether you need help negotiating an agreement, preparing for court, enforcing an existing order, or contesting a change proposed by the other parent, we work closely with you to protect your rights and ensure the best possible outcome for your child’s wellbeing. Contact Miley Law Firm today at 702-942-0600 to schedule a consultation with one of the top child custody lawyers in Las Vegas.
Nevada Child Custody FAQs
What types of child custody are recognized in Nevada?
Nevada recognizes two main types of custody: physical custody, which determines where the child lives, and legal custody, which gives parents authority to make important decisions about the child’s upbringing. Custody can be awarded jointly or solely, depending on the best interests of the child.
How does a court decide what is in the best interest of the child?
Courts in Nevada consider several factors, including each parent’s ability to meet the child’s needs, the relationship between parent and child, the child’s wishes if they are old enough to express them, any history of abuse or neglect, and the importance of maintaining stability. The goal is always to protect the child’s overall well-being.
Can a custody order be modified in Nevada?
Yes. Custody orders can be modified when there is a significant change in circumstances, such as relocation, changes in a parent’s health, or a new work schedule. A parent must file a petition with the court and show that the modification is in the best interest of the child.
What happens if the other parent does not follow the custody or visitation order?
If a parent violates a custody or visitation order, you have the right to seek enforcement through the court. A judge may impose penalties, adjust the parenting schedule, or take other actions to ensure the order is followed.
Can I relocate with my child if I have custody?
Relocation cases in Nevada require court approval. A parent must demonstrate that the move will benefit the child and address how the child will maintain a meaningful relationship with the other parent. The court evaluates factors such as schooling, stability, and the overall impact of the move.
Do I need a lawyer for a child custody case?
While parents can represent themselves, having an experienced Las Vegas child custody lawyer is highly recommended. A lawyer can help you navigate the legal process, present a strong case, and protect your parental rights.
