Nevada Custody and Visitation Schedules
Your child custody and visitation schedule is important to you and to your child. Here's how to set up a Nevada visitation schedule.
You can create your own custody and visitation schedule (on your own or with the other parent) or you can work with an attorney or legal professional and have them create it. If you don't want to pay the high cost of an attorney, and want to easily make your own schedule, you can use the Custody X Change software.
Custody X Change is software that creates custody schedules, calendars, and professional parenting plan documents.
The laws pertaining to child custody and visitation can be found in the Nevada Revised Statutes, Title 11-Domestic Relations, Chapter 125, Dissolution of Marriage and it is important to become familiar with these laws in order to create a child visitation schedule that complies with the law and the requirements of the court.
The State of Nevada considers the best interest of the child to be the core determinant of every decision involving children in family court.
The law includes the factors the court considers when making a ruling on child custody and visitation.
Creating your schedule with these factors in mind will allow you to create a child visitation schedule in accordance with the law and the expectations of the court.
Your child visitation schedule will be more readily accepted by the court if it is written in the child's best interests and is compatible with the laws of the state.
As the State of Nevada regards the best interest of the child with the utmost importance when determining the custody and visitation of a child, it is imperative that you know and consider the factors and circumstances the court considers.
The court considers all relevant factors, including, but not limited to the ones listed in NRS 125.480.4:
- The preferences of the parents as to custody
- The wishes of the child as to custody, as long as the child is old enough and mature enough to comprehend the situation and make a cognizant decision
- The nature of the relationship between the parents
- Which parent is more likely to allow the child to have frequent, continuing contact with the other parent
- The ability of the parents to cooperate with each other in order to meet the needs of the child
- The physical and mental health of each parent
- The child's physical, developmental, and emotional needs
- The established relationships the child has with each parent, any siblings, and other people of significant importance in the child's life
- Any history of neglect, abuse, domestic violence, substance abuse, and any other activity that may prove to be detrimental to the child
- Any evidence that a parent has committed or attempted to commit an act of child abduction against the child
Joint custody is presumed to be in the best interest of the child, as long as there aren't any circumstances or situations that would endanger the child (NRS 125-490).
Joint custody means the parents shall share time with the child in a manner that allows the child to have frequent visitation and contact with each parent.
Joint custody does not necessarily mean the parents need to divide their time with the child equally, but it does indicate that the child shall have ample time with both parents.
The natural born rights to act as a mother and a father do not cease to exist because the parents have broken apart. The rights to parent a child are only revoked or limited if a parent has engaged in conduct that would present a danger to the child or create an unhealthy environment for the child.
In a sole custody situation, the child spends most of the time living with one parent and has visitation with the other parent. In this situation, the parent the child lives with is called the custodial parent and the other parent is the non-custodial parent.
If you decide on a sole custody schedule, the non-custodial parent will have visitation rights. These visitation rights are spelled out in Chapter 125C.020:
- If a non-custodial parent is wrongfully deprived of his/her right to visit, the court can order additional visits to compensate for the missed visits.
- When additional visits are ordered or permitted, the visit must be of the same type and duration as the denied visit, taken within one year of the denied visit, and at a time chosen by the non-custodial parent.
- The non-custodial parent must give written notice for the additional visit at least seven days before the proposed visit if it is to be on a weekday or weekend and at least thirty days before the proposed visit if it is on a holiday or vacation.
- A custodial parent who does not comply with the order of additional visits may be found guilty of contempt and sentenced to imprisonment in the county jail (the parent may be released from jail to go to work).
When creating a child visitation schedule in the State of Nevada, working with the other parent may prove to be difficult, but it is truly in your child's best interest to do so.
If can set aside your differences for the sake of the child, you will be able to create a child visitation schedule that bests serves the needs of your child. You have intimate knowledge of your child's day to day routines and his or her specific needs and wants.
Cooperating with the other parent will ensure your child visitation is created by you, the people who know the child best, and not a court mediator or judge.
The child visitation schedule should include three basic elements:
- A residential schedule that specifies the days the child shall have parenting time with each parent on a regular basis.
- A schedule of holidays and special occasions, such as Mother's Day, Father's Day, the child's birthday, etc. The holiday schedule takes precedence over the regular residential schedule. Many parents opt to rotate holidays, alternating them every year.
- A vacation schedule or method for scheduling vacation time with the child. School breaks are also included in the vacation schedule.
When developing the residential schedule, there is no mandatory schedule that you must model it after. The schedule can be as unique as your child is.
The top fifteen cities in Nevada (by population, US Census Bureau, 2008) are: Las Vegas, Henderson, North Las Vegas, Reno, Sunrise Manor, Paradise, Spring Valley, Enterprise, Sparks, Carson City, Pahrump, Winchester, Whitney, Summerlin South, Sun Valley.