Do Father’s rights exist in Nevada? This may be the most common question we are asked.
There exists a common myth that it is virtually impossible for a Father to get custody of their child(ren) which most likely dates back to earlier generations where the courts and states did seem to favor placement of child custody with the mother, leaving the father to be “weekend Dad”, at best. Even as the courts and states have grown more progressive, the myth about Fathers not getting a fair shake in custody situations exists.
Nevada law dictates that joint physical custody is presumed to be in the best interest of the child (NRS 125.490). This means that the law is that the courts are to favor approximately equal placement of custody with both the mother and father, unless evidence exists to the contrary that the best interests of the child would be suited with another custody arrangement. NRS 125.480(3)(a) provides that if the court does not order joint custody when the other parent has applied for it, the court must explain the reason for not doing so in its decision.
As a father you may be wondering; Even with the above, will I really be given equal weight in court? NRS 125.480(2) explicitly states Preference must not be given to either parent for the sole reason that the parent is the mother or the father of the child.
This means that it is actually against Nevada law for a Judge to even factor the gender of the parent into his/her decision on child custody.
Over the years we have represented many Fathers in divorce and custody proceedings and generally feel that the courts apply all of the above law in their decisions. We have had numerous cases wherein we have obtained sole or primary custody for a Father. In many of these cases the Fathers had come to us with extremely low expectations due to the myths concerning Father’s rights.
If you are a Father and want to be involved in your child’s life and have not done so because you believed the myth that Father’s rights do not exist, we strongly recommend you seek a legal consultation to assess your situation further. We are a law firm and you will speak to an actual attorney, not a paralegal service, about what your custody rights are and how you can maximize those rights.