Chapter 125 of the Nevada Revised Statutes contain the child custody laws that the affect a Nevada custody agreement. Here is an overview of those laws to help separated or divorced parents.
Determining Custody (Chapter 125.480)
In determining custody of a minor child, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly. A Nevada visitation schedule can reflect the joint arrangement, or a custody and visitation arrangement. Neither parent is given preference for custody because the parent is the mother or father of the child.
For a Nevada custody schedule, custody is awarded in the following order of preference, unless the child’s best interest requires differently:
- To both parents jointly pursuant to or to either parent. If the court does not enter an order awarding joint custody of a child after either parent has applied for joint custody, the court shall state in its decision the reason for its denial of the parent’s application.
- To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment.
- To any person related within the third degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State.
- To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.
When determining a Nevada parenting plan, the court shall consider the following factors that affect the child’s best interest:
- The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his custody.
- Any nomination by a parent or a guardian for the child.
- Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
- The level of conflict between the parents.
- The ability of the parents to cooperate to meet the needs of the child.
- The mental and physical health of the parents.
- The physical, developmental and emotional needs of the child.
- The nature of the relationship of the child with each parent.
- The ability of the child to maintain a relationship with any sibling.
- Any history of parental abuse or neglect of the child or a sibling of the child.