When parents go through separation or divorce, determining child custody arrangements becomes an emotional and stressful process. These decisions have a significant impact on both parents and their children, potentially affecting the amount of time spent together. To navigate this complex and high-conflict area of family law, you require the expertise of a skilled child custody lawyer. At Burton & Vazquez, we specialize in providing exceptional legal representation for parents in a range of family law matters, including child custody and support, guardianships, divorce, and appeals.
Our law firm, Burton & Vazquez, is dedicated to ensuring clarity and client satisfaction in every case we handle. With an in-depth understanding of Nevada’s legal system, we tailor our meticulous representation strategy, drawing on over 50 years of combined family law knowledge and courtroom experience. We set a high standard for legal representation, delivering impactful results for our clients.
Whether your child custody case is straightforward or complex, our team is committed to achieving the best possible outcome for you. In the context of child custody in Las Vegas, it is crucial to recognize that Nevada courts prioritize the best interests of the child as the ultimate goal in any custody dispute.
Nevada recognizes two types of custody: physical custody and legal custody. Legal custody involves a parent’s rights and responsibilities regarding decisions pertaining to the child’s life, such as education, religious upbringing, and medical care. On the other hand, physical custody refers to the amount of time the child spends with each parent.
In Nevada, joint legal and joint physical custody are typically awarded by the courts unless there are compelling reasons to deviate from this arrangement. It is important to note that the court does not favor one gender over the other when it comes to determining custody rights. Mothers and fathers are treated equally in the eyes of the court.
Understanding the court process is crucial for parents navigating child custody issues. When parents reach an agreement on custody and visitation, the court acknowledges and enforces the plan. However, if there is a disagreement and one parent requests a different custody arrangement, an evidentiary hearing, commonly known as a trial, is conducted to make a final determination.
During the evidentiary hearing, both parties present evidence and witnesses to support their respective cases. Child custody matters often coincide with paternity or divorce cases, and they can be resolved through mediation, settlement, or trial.
Going through court proceedings can be intimidating, particularly for parents facing separation or high-stakes custody issues. In such situations, having a knowledgeable child custody lawyer familiar with the Nevada family court system is crucial. Burton & Vazquez is here to support you at every stage of your custody case, offering mediation services for peaceful resolution, drafting custody motions or oppositions, and providing representation at child custody trials.
Legal standards play a significant role in child custody determinations. In Nevada courts, there is a preference for joint physical and joint legal custody, as it promotes maintaining both parents’ involvement in the child’s life. However, this preference changes if a parent cannot care for the child for at least 146 days a year (40% of the year), has engaged in domestic violence, or has abused, neglected, or abducted a child.
The court considers several factors to determine the best interests of the child, including the child’s custodial preference (based on age and capacity), nominations for guardian, willingness to foster a relationship with the other parent, level of parental conflict, ability to cooperate for the child’s needs, parental physical and mental health, child’s developmental and emotional needs, nature of the child’s relationship with each parent, maintenance of sibling relationships, history of abuse or neglect, and instances of domestic violence or abduction.
If a parent has committed domestic violence against the child, there is a presumption against awarding custody to the abusive parent. Similarly, if a parent has abducted or attempted to abduct the child, it is presumed that unsupervised custody with that parent is not in the child’s best interest.
Once a final child custody order is in place, it can only be modified if there has been a substantial change in circumstances affecting the child’s welfare. Any requested modification must be in the child’s best interest. Parents can agree to modify the custody arrangement, but it must be documented in writing and serve the child’s best interests. In cases of disagreement, the party seeking the modification must file a motion demonstrating a substantial change in circumstances.
If you require assistance in modifying an existing custody order, contact Burton & Vazquez. Our team has extensive experience in child custody modifications, gathering relevant evidence and guiding you through the process to increase your chances of success.
Child support is another crucial aspect to consider. In Nevada, both parents have a duty to provide their child with healthcare, education, and financial support. The amount of child support depends on the custody arrangement and each parent’s income, calculated according to the formula outlined in NAC 425. Child support can be modified upon a change in circumstances, including a 20% or more change in the gross monthly income of the parent subject to the support order. The award can also be reviewed every three years upon the request of either party.
At Burton & Vazquez, we understand the unique challenges and opportunities presented by each child custody case. Our dedicated team of family law experts will guide you through the process, offering a modern, results-driven approach. We prioritize open communication with our clients, providing timely responses and consistent online updates on your case. When it comes to your child’s future, settle for nothing less than stellar service. Contact Burton & Vazquez, your trusted Las Vegas child custody law firm, to outline a plan that will address your case effectively, affordably, and efficiently.