Custody cases are different from other types of family law cases. When the well-being of your children is at stake, you need an attorney who handles the matter with an understanding and personal approach. Speak with a Las Vegas child custody lawyer at Jennifer Gastelum Law to learn how you can protect your parental rights and your child’s future.
Las Vegas Child Custody Lawyer
Your case will receive the expert and personalized attention it deserves, with a member of our team updating you on the progress and answering your questions throughout. Call us today at 702.979.1455 or send us a message to get started with a free case evaluation.
What Is Child Custody in Las Vegas, Nevada?
A Nevada family court judge will rule on two main elements of child custody: legal custody and physical custody. The two may further determine different aspects of custody, including child support, parenting plans, and spousal support.
Legal Child Custody
Legal child custody refers to a parent’s ability to make major decisions that affect their child’s life and upbringing. This includes access to school and medical records, as well as having a say in the choice of professionals such as counselors and daycare providers.
Physical Child Custody
Physical custody defines the amount of time a child spends with or is under a parent’s care. Here, parents agree on matters such as visitation, living arrangements, and holiday schedules.
The law tends to lean on joint custody for both legal and physical arrangements, allowing a child to receive care and support from both parents. However, it’s not uncommon for a parent to have joint legal custody and no shared physical custody.
Seeking sole or primary custody in both cases requires you to present evidence that proves why it’s in the best interest of your child. If you believe this is the ideal arrangement for your child, speak with an attorney for full custody at Jennifer Gastelum Law Office to protect your parental rights.
What Jennifer Gastelum Law Child Custody Lawyers Can Do for You
A child custody dispute can quickly become complicated, especially when parents disagree. Even when you’re on good terms with your former partner and are filing for joint custody, it’s still crucial to understand Nevada’s family law before signing the paperwork.
Here are some things a Las Vegas custody lawyer will help with during every step of the case:
- Answer your questions and concerns about the case promptly
- Educate you on parental rights and vital Nevada child custody laws
- Guide you through the numerous paperwork, including adhering to deadlines
- Develop a strong legal strategy to get you the desired results
- Negotiate child support rates and spousal support rates.
- Help you draft parenting plans and visitation schedules
- Communicate with your former partner and their lawyers to prevent heated arguments
- Guide you on how to represent yourself in hearings and mediations that can bring about a lot of emotions
- Minimize the impact on your child by helping the case go smoothly, faster, and result in their best interest
How Does Nevada Family Court Determine Child Custody?
In Nevada, courts determine child custody based on one concern alone, and that is “the best interest of the child.” The law grants immense discretion to judges allowing them to consider various factors in determining the child’s best interest. Because of this, having the right Las Vegas custody attorney can dramatically impact you and your children’s lives.
Nevada family law (NRS 125C.0035(4)) outlines the best interest factors in a non-exhaustive list as outlined below. Additional legal presumptions and considerations may also apply depending on the unique circumstances of your case.
- The child’s wishes if the child is of sufficient age and capacity to form an intelligent preference.
- Any nomination of a guardian for the child by a parent.
- Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
- The level of conflict between the parents.
- The ability of the parents to cooperate to meet the child’s needs.
- The mental and physical health of the parents.
- The physical, developmental, and emotional needs of the child.
- The nature of the relationship of the child with each parent.
- The ability of the child to maintain a relationship with any sibling.
- Any history of parental abuse or neglect of the child or a sibling of the child.
- Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child, or any other person residing with the child.
Child Custody vs. Guardianship in Las Vegas, NV
A family court judge may also award guardianship to a third party during a custody dispute. This often happens when the biological parents are absent or unfit to make decisions and take care of the child.
Unlike child custody, guardianship is temporary and may last a few months only or in some cases, until the child turns 18 years. A guardian’s legal responsibility is to make decisions that are in the child’s best interest. Still, biological parents may also retain some of their parental rights, including physical custody. Generally, the extent to which a guardian can make decisions for the child is less than a custodial parent.
If you want to choose a guardian or learn more about guardianship in Las Vegas, a family law attorney at Jennifer Gastelum Law will answer all your questions and help you take the next steps.
Reach out to the Child Custody Lawyers at Jennifer Gastelum Law
At Jennifer Gastelum Law, we understand how finding the best custody arrangement for your family is overwhelming for parents and children. Consulting an attorney can make a big difference and help your case smoothly. Whether you’re applying for joint custody with the other parent or sole custody, our skilled custody lawyers in Las Vegas will create a customized legal strategy that meets your unique needs.
Protect your parental rights and your child’s best interest by calling us at 702.979.1455 or filling out our online form.
Las Vegas Child Custody Attorney FAQ
Do I need a lawyer for child custody in Las Vegas?
While hiring a custody attorney is not a court requirement, having one can increase the chances of getting a favorable outcome. Child custody lawyers are familiar with the unique challenges that this type of family law case presents. They have helped many parents navigate through the complex legal system while prioritizing the child’s needs. Our Las Vegas child attorneys will be with you every step of the way, from preparing a winning strategy to representing you, whether through mediation or in court.
What do I need to win a custody battle in Nevada?
The most important factor when determining custody is the child’s well-being. To win a child custody case, you’ll need evidence to prove that your proposition is the ideal option for your child. Jennifer Gastelum Law child custody lawyers are ready to compile evidence for your case, build a strong legal strategy, and guide you every step of the way for the best verdict possible.
What happens when you fail to follow a custody order?
A custodial parent can initiate an enforcement action in the family court when the other parent fails to perform their parental duties in the custody order. If the violation involves detaining or taking a child away from their lawful custodian, the offending parent can be charged with a misdemeanor or a felony depending on the situation. A violation may also affect the court’s decision on future custody rights hearings.
Can you modify or change a Nevada family court child custody order?
You can modify a custody order in Las Vegas either by bringing a motion to court or drafting a new agreement with the other parent and getting a judge to sign it. Parents filing for a change in joint custody and visitation rights must provide compelling evidence to prove that the modification is in the child’s best interests.