In Nevada, without evidence to the contrary, the courts assume that joint custody is the best solution for children after a divorce. What does it mean to have joint custody of your child? A child custody lawyer in Las Vegas can help you understand all of the ramifications of this type of custody. This video also explains more.
Joint custody encompasses legal and physical custody. Joint legal custody means a shared right to make important decisions about a child’s life, such as medical decisions. Physical custody refers to where the child lives. You may ask your child custody lawyer to allow one parent to have physical custody, or you may choose for your family lawyer to negotiate shared physical custody. Your child custody lawyer will help you present a case which demonstrates that your desired custody outcome is in the best interest of your child.
Child custody is one of the many significant issues couples face during divorce. From the court’s perspective, the only guiding principle is to make the decision that is best for the child, despite how much parents may disagree. A child custody lawyer can help you understand the law and devise the best possible case to help you get the outcome you desire. Talk to a child custody attorney in Las Vegas about your case to understand your options. Here’s a look at some of the issues a judge considers when awarding child custody.
Most states have laws that provide a basic framework for how child custody should work in most cases. In Nevada, the law assumes that joint custody is in the best interest of the child. Usually, parents share legal custody, meaning they share the right to make education, medical, and other important decisions, and that one parent gets physical custody, meaning that his or her home is the primary residence for the child. However, many factors may make a judge determine that joint custody is not an ideal solution.
Past domestic abuse against anyone in the family can weigh heavily on child custody proceedings. If you or your children have been the victim of domestic abuse by your spouse, then your child custody lawyer may attempt to argue that shared custody and visitation are inappropriate. The courts will consider things like when the domestic abuse occurred and whether it was an isolated incident or a pattern of behavior.
Stability of Home Environment
When making determinations about physical custody and visitation, the courts consider the stability of each home. Factors include whether children can stay on their usual schedules in the home, whether the home is clean and safe, and who else lives in or visits the home.
While divorce is an emotionally trying experience, itis important to keep the legal aspects in mind to protect your children and your financial future. That starts with meeting with a divorce attorney to understand grounds for divorce. If you have made the decision to divorce, seek out a Las Vegas divorce attorney to get the process started. Here are the basics you need to know about the legal grounds for divorce in this state.
Nevada has a strictly no-fault divorce system. That means that your divorce attorney can’t make the argument that some action by your spouse has led to the divorce, though he or she may argue that certain behaviors have led to an adverse financial effect when it comes to the distribution of property or that certain behaviors would have a detrimental effect on the best interests of a child in relation to the child custody aspects of your case. That notwithstanding, most divorces are granted on the grounds of irreconcilable differences, also sometimes referred to as incompatibility. This simply means that you and your spouse are unable to work out the differences between you in a way that allows you to continue with your marriage.
Although irreconcileable differences is one ground for divorce, Nevada also permits an application for divorce after spouses have been living apart for at least one year. Note that if you choose to divorce on this ground, your separation must have been physical and your divorce lawyer will need to prove that you have not shared a residence at all during that 12-month period. In the case of a desertion—when your spouse has left without warning and severed ties from the family for a period of 90 days—your divorce lawyer can apply for permanent support payments for yourself and your children without yet having to file for divorce.
Courts will award your petition for divorce if you can demonstrate that your spouse has been suffering from insanity for two years prior to your filing. During the divorce litigation, your attorney may need to call an expert witness to prove your spouse’s condition. Establishing that your spouse has been suffering from insanity for this period may also impact the division of property and child custody aspects of your case.
Kurt A. Smith, Esq. is uniquely qualified to help individuals navigate issues pertaining to family law, business law, insurance law, and other specialty practice areas. As the founding attorney of Smith Legal Group, a family law office in the Las Vegas Valley, Mr. Smith is devoted to providing aggressive legal representation for his clients and maintaining the highest ethical standards.
On his path to becoming a family law attorney, Kurt Smith obtained his Bachelor of Science degree in Business Administration and then earned his Juris Doctorate from the William S. Boyd School of Law at the University of Nevada, Las Vegas. He then worked for a national law firm in the areas of insurance law and civil litigation. He has also served as a Project Manager for IBM, playing a critical role in the company’s globalization initiatives. Mr. Smith also gained key experience working as an insurance adjuster, during which he gained an in-depth knowledge of accident reconstruction and on-scene accident investigations. After founding his own family law firm, Mr. Smith has been honored to serve residents of Las Vegas with outstanding legal representation in the areas of family law, commercial litigation, personal injury, bankruptcy, corporate law, and insurance law.