Understanding Your Child Custody Options
Our firm understands that custody battles can be highly emotional. At Hanratty Law Group, we strive to provide the quickest settlement to reduce your stress, however, in some cases, custody can be hotly litigated causing emotions to run high for everyone. We understand that your children are your primary concerns and are here to guide you in the right direction.
The purpose of custody determination is to ensure the “best interest” of the minor children. In Nevada, it is presumed the best interest of the minor child is joint custody. This does not mean that you are not entitled to primary custody or it is not in the “best interest” of the minor child for one party to be awarded primary. This simply means that we look at all the facts and circumstances in each case starting with the presumption of joint custody and applying statutory factors to determine was it truly in the minor child’s best interest.
Aside from special situations, both parents have stronger rights to their children than third parties, such as a grandparent. The court’s primary consideration is the “best interest” of the minor child. As such, each case must be evaluated based of your specific set of facts and circumstances.
Nevada does not determine custody according to gender. Instead, family law courts focus on facts and circumstances to protect the best interests of children. We can be your advocate throughout custody proceedings, however, we always keep in mind your child’s well-being. Children are priceless.
Can Parents Mediate Child Custody?
Clark County District Court, Family Division offers a mediation program through the Family Mediation Center located at the family court. This mediation program deals with the issues of child custody — including visitation and holiday schedule. Under certain situation, the Family Mediation Center will negotiate financial issues; however, in cases with attorneys, this will likely be prohibited.
During mediation, you and the other parent will meet with a mediator to determine if you can agree on a custodial arrangement. If you negotiate a parenting agreement during mediation, the mediator will prepare a parenting plan and seek court approval. On the other hand, if you are unable to reach an agreement, the matter will be set for trial. Our attorneys can work with you whether your case involves mediation or litigation.
Child Custody Across Multiple States
Some parents have lived in separate states and some families may have recently relocated to Nevada. Situation retaliating to jurisdiction may complicate your child custody case as it might affect which laws apply. Our firm can help you understand the details of your case and which laws apply.
Nevada’s Uniform Child Custody Jurisdiction and Enforcement Act and the Federal Parental Kidnapping Prevention Act both influence custody proceedings. To determine child custody jurisdiction, Nevada typically considers the home state of the child (where the child has resided for at least six months), where the child and at least one parent have significant contacts, emergency jurisdiction and whether another state has exercised jurisdiction over the minor child. All these factors will be assessed by an attorney competent in jurisdiction over children.
Relocating With Your Child
You must obtain expressed written consent from the other parent or the court before you can relocate to another state. There are many different factors that come into play when granting or denying a relocation. As such, each case is unique and necessitates the guidance of a knowledgeable lawyer.
Call Hanratty Law Group For Guidance
We aim to help our clients and their children reach a healthy custody arrangement. If you have concerns regarding your child custody case, we are eager to have a conversation together. Schedule a time to discuss your situation by contacting us at 702-570-9287 or contact us online at any time of the day.
