Henderson Child Custody Attorney
Protect Your Children and Your Parental Rights
For many couples, no determination in their divorce is as important as child custody. The good news is that many legal precedents about child custody have been phased out and the state of Nevada now believes that both parents (divorcing or unmarried) should have prominent roles in their child's life. It is, however, still strongly advised that each parent approach this process with vigilant legal representation ready to safeguard your role in the life of your child.
If you have questions or concerns about child custody in your upcoming divorce or are an unmarried parent facing a custody issue, we invite you to contact our compassionate and skilled team here at Ford & Friedman. At our firm, we fully appreciate how important child custody is to our clients and, because our team takes a collaborative approach to each case, you can trust that your custody matter will receive the attention and expertise it deserves.
Fathers' Rights in Custody & Visitation Cases
One common issue that arises in custody cases is that of the father's rights. Nevada family law states that parents are to be equally considered by the Court when it comes to awarding child custody or visitation rights—but history shows otherwise. As a father looking to win custody or visitation, you need an attorney who knows when you are not being shown the consideration you deserve.
Ford & Friedman is here to help protect your fathers' rights and, as a result, protect the future of your child's relationship with one of the most important figures in their life: you, their father.
We're ready to hear your family's story. Call our offices or fill out our online form to request a no-obligation consultation with our team today.
Types of Child Custody in Nevada
Most divorcing couples and unmarried parents seeking a custody arrangement will have an opportunity to come to a child custody agreement themselves. There are two forms of custody to consider in Nevada: legal custody and physical custody. Legal custody allows a parent to make important decisions concerning the child's upbringing and well-being (including health decisions, education decisions, religious decisions, etc.). The parent who lives with the child and takes care of their day-to-day needs has physical custody of the child.These two forms of child custody can then arranged into two types of custody orders:
- Joint custody: Both parents share physical and legal custody
- Sole custody: One parent assumes both physical and legal custody
Is Nevada a 50 50 Custody State?
According to Nevada state law, parents will share “Joint Legal Custody” over the child unless one parent is proven unfit. That means both parents will participate in the major life decisions regarding the child’s life.
How to Prove a Parent Unfit
When deciding custody, the court will evaluate many factors that influence the best interests of the child. One of these factors is the “fitness” of the parent. This answers the question, “Is the parent mentally and physically capable of caring for and protecting a child?”. If one parent suspects that the other is unfit, then they may request the court to evaluate their fitness. A judge will rule based on the following, but not limited to, factors:
- Does the parent have a history of alcohol or substance abuse?
- Has the parent shown the willingness to work with both the court and other parent?
- Has the parent shown the effort to be part of the child’s life?
- Are there age-limit settings put into place? For example, are there television and internet restrictions within the household?
- Has the parent shown abusive or violent behavior to the child?
If the court cannot come to a decision based on the questions above, they may hire an evaluator to monitor the interactions between the parent and child. If applicable, the evaluator may also interview close friends, therapists, or teachers for additional information.
Navigating Your Child Custody Decision
If parents can agree to custody terms, they can submit their proposed arrangement to the court for approval. Courts generally look at the best interests of the children as a factor in deciding custody and parenting time. The reality is that, in most cases, the court will favor some form of joint custody.
If parents cannot agree, then a hearing will be set and both parents can make their child custody arguments to the court. The court will initially grant a temporary child custody order, which will stay in effect until a permanent custody arrangement is ordered by the court. It is important for parents in these circumstances act in a manner that promotes the best interest of your children while the temporary custody order is in effect.
No matter what your circumstances are in these cases, our firm is ready to help. We can help you negotiate an amicable child custody arrangement with your spouse or co-parent or, if necessary, we will stand for you in court to assert your side of contested custody matter.
Other Child Custody Matters
At our firm, we also understand that child custody issues are not exclusive to the biological parents of children. Our dedicated Henderson child custody lawyers are familiar with Nevada's laws concerning a wide array of additional custody matters that a family may be facing.
We're ready to assist you in matters concerning:
Don't hesitate to seek a favorable resolution to your child custody matter. Call our firm at (702) 904-9898 or contact us online today to start exploring your legal options.
Our divorce attorneys will give you individualized attention and service. We will be personally invested in your case and in securing you the best outcome possible.
A Collaborative Approach
With us, you will benefit from having a team of attorneys behind your case. You will also be joining forces with legal advocates who work well with clients, developing relationships that outlast the case.
Our boutique law firm has handled a wide range of family cases, and we know full well that each client needs and deserves an individualized, sophisticated strategy for their specific case.
Our lawyers grew up here and are dedicated helping their local community. We are also familiar with local judges and courts and know how to successfully guide clients through the legal system.