Las Vegas Child Custody Lawyer

Child custody is a serious matter and in a serious child custody dispute, it is very beneficial to have an experienced child custody lawyer. If you would like to schedule an appointment with a child custody attorney, please use the contatc information below.

How the Court Determines Child Custody
In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly.

In determining the best interest of the child, the court shall consider, among other things:

(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to custody;

(b) Any nomination by a parent or a guardian for the child; and

(c) Whether either parent or any other person seeking 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.

A finding of domestic violence creates a rebuttable presumption that sole or joint custody of the child by the perpetrator of the domestic violence is not in the best interest of the child.

-From the Nevada Revised Statutes 125.480

Joint Custody
There is a presumption that joint custody would be in the best interest of a minor child if the parents agree to an award of joint custody.

The court may award joint legal custody, without awarding joint physical custody, if the parents have agreed to joint legal custody.

-From the Nevada Revised Statutes 125.490

Removing the Child from the State
If custody has been established, and the custodial parent intends to move outside of the state with the child, that parent must, as soon as possible and before the planned move, attempt to obtain the written consent of the noncustodial parent to move the child from this state. If the noncustodial parent refuses to give that consent, the custodial parent shall, before leaving this state with the child, petition the court for permission to move the child. The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent.

-From the Nevada Revised Statutes 125C.200

When you are going though a divorce you need an experienced, aggressive attorney that is capable of going into court and fighting for your rights. At McFarling Benson, our Las Vegas divorce lawyers, have a wealth of experience in family law matters to protect you. 

Emily McFarling Benson, Esq. is Certified by the State Bar of Nevada as a Family Law Specialist. Emily is one of only 20 Certified Attorneys in the entire State and the first female to successfully complete the application and exam process.

If you need assistance with a family law matter in the Las Vegas, Nevada area, contact our office at 702.565.4335 and set-up a consultation with one of our qualified divorce lawyers. If you do not need a consultation we can set-up an immediate client intake.

McFarling Benson is committed to providing the highest possible level of legal representation assisting you now and in the future.