Third Party Child Custody
McFarling Law Group routinely represents parties in third party child custody litigation. Whether you are a non-parent seeking custody or a parent defending against the claim of a third party seeking custody of your child, McFarling Law Group can help.
The Legal Standard
The legal standard for a non-parent to obtain a custody order without the consent of the parents, is very high. The Court must find that custody to a parent would be detrimental to the child. The statute detailing this standard is NRS 125C.004.
NRS 125C.004 Award of custody to person other than parent.
1. Before the court makes an order awarding custody to any person other than a parent, without the consent of the parents, it shall make a finding that an award of custody to a parent would be detrimental to the child and the award to a nonparent is required to serve the best interest of the child.
2. No allegation that parental custody would be detrimental to the child, other than a statement of that ultimate fact, may appear in the pleadings.
3. The court may exclude the public from any hearing on this issue.
How the Court Process Works
Unless agreed upon, an order for child custody generally only occurs after the court conducts an evidentiary hearing and can make proper findings of fact and conclusions of law.
Reaching an Agreement
At any time, Parties can agree to third party child custody and visitation orders. If you need help negotiating an agreement or have reached an agreement and simply need to make sure the paperwork is done properly, McFarling Law Group can help.
Experienced Attorneys at Your Side
At McFarling Law Group, our lawyers are experienced in all family law matters, including third party child custody. If you would like to schedule a consultation with an experienced child custody lawyer in Las Vegas, NV area, call our office at 702.565.4335.