What To Do When a Parent With Joint Custody Becomes Unfit

When a parent’s behavior or circumstances change in a way that endangers a child, you can’t afford to wait. In Nevada, this may constitute a serious “substantial change in circumstances that warrants a child custody modification.

You must act now to protect your child’s safety well-being.

This blog post is designed as a playbook for divorced parents who are concerned about the other parent’s fitness. It will help you understand what constitutes unfitness under Nevada law and how to build a strong, evidence-based case for court intervention.

What Is Parental Unfitness?

In the eyes of a Nevada court, a parent is considered unfit when their conduct or lifestyle poses a direct and significant risk to the child’s physical or emotional health and safety. It’s not about being a “bad parent” in the general sense; it’s about a parent’s actions being so detrimental they necessitate a change in custody.

Real-world examples of unfitness can include:

• Substance Abuse
  A parent’s drug or alcohol abuse that impairs their ability to care for the child, puts the child in dangerous situations, or leads to neglect.
• Criminal Behavior
  A parent engaging in illegal activities, particularly those involving violence, illegal drugs, or behavior that results in jail time and an inability to care for the child.
• Domestic Violence
  A parent engaging in physical, emotional, or psychological abuse towards the other parent or the child. The court takes all forms of domestic violence very seriously.
• Neglect or Abuse
  This includes failure to provide adequate food, clothing, shelter, medical care, or a safe and sanitary living environment. It can also involve physical, emotional, or sexual abuse of the child.
• Severe Mental Health Issues
  A parent’s mental health condition that is untreated or unmanaged, making them unable to provide consistent and safe care for the child.

Your Playbook for Building a Case

Before you rush to file a motion in court, your primary focus should be on meticulous and objective documentation. A family court judge will not simply take your word for it; you must provide clear and compelling evidence.

1. Start a Co-Parenting Journal
This is your most valuable tool. Keep a detailed, factual journal of every incident that concerns you. Do not include your feelings or opinions—stick to the facts.

• What to document
  Dates and times of incidents, specific details of what happened, who was present, and any relevant quotes from the other parent.
• Example: “August 28, 2025: At 6:00 p.m.[your Ex-Partner’s Name] appeared disheveled and disoriented. Child reported they did not have dinner and the TV was on all night.”

2. Gather Tangible Evidence
Collect any and all documents or materials that support your claims.

• Police Reports
  If you have had to call the police for an incident of domestic violence or erratic behavior, a police report is critical evidence.
• Medical Records
  If the child was injured or had to be taken to a doctor due to the other parent’s actions or neglect, obtain the medical records.
• Photographs and Videos
  Take photos of unsanitary living conditions, visible injuries, or other concerning situations. Short videos can also be powerful, but be mindful of Nevada’s wiretapping laws and do not record private conversations without consent.
• School Records
  If the child’s school performance has declined or they are frequently absent due to the other parent’s actions, these records can be used as evidence.
• Third-Party Accounts
  The court may consider statements from therapists, teachers, or other third parties who have witnessed the behavior.

3. Communicate Wisely
Use a co-parenting app or email for all communications. This creates a permanent and auditable record. Avoid phone calls or text messages that can be deleted or edited. Your communication should be brief, factual, and focused on the child’s well-being.

• Example: Instead of texting “You are being an awful parent, I am worried,” an email might say, “I am concerned that [Your Child’s Name] has missed school three times in the last two weeks while in your care. Please provide an update on their health.”

Why You Need a Legal Partner

Taking on a parental unfitness case is not something you should do alone. The legal process is complex, and the stakes are incredibly high. A skilled Nevada child custody lawyer can help you:

• Determine if your evidence meets the legal standard for unfitness.
• Draft and file a motion with the court, ensuring it contains all the necessary legal arguments and evidence.
• Represent you in court and present your case effectively to a judge.
• Navigate an emergency motion if your child is in immediate danger.

Acting swiftly and strategically is essential when a child’s safety is at risk. By following this playbook and working with Smith Legal Group, you can build a strong case to protect your child and seek the custody modification they need.

Call us at 702-410-5001 to schedule your free consultation at our Henderson, NV office.