NEVADA FATHERS HAVE EQUAL RIGHTS IN CHILD CUSTODY CASES

This blog has previously discussed that the rights of Nevada fathers are equal to that of a mother.  Nevada law presumes that parents should share joint physical custody of their children.  A parent has joint custody whenever he or she enjoys the child at least 40 percent of the time.  Rivero v. Rivero.  Nevada law, therefore, presumes that fathers should have custody of their children at least 40 percent of the time.  As a practical matter, Clark County Courts will attempt to keep a time share as close to even as possible.

In order for a parent to gain primary custody (a situation where the non-custodial parent will have the child less than 40 percent of the time) the parent requesting primary custody must show that joint custody is not in the child's best interests.  In determining what is in a child's best interests, the Court will consider factors such as:

• Which parent has traditionally cared for the child.
• The level of conflict between the parents.
• The ability of each parent to meet the child's needs.
• The mental and physical health of the parents.
• Whether either parent has committed an act of domestic violence against the other.

If you feel that you should be entitled to joint custody, and that these factors support it, contact Las Vegas fathers' rights attorney G. Luke Ciciliano to schedule a consultation.  The Ciciliano Law Office will start any new child custody matter for $500 down.