Nevada Law and Father’s Rights
We are often get asked whether will favor a mother over a father when determining custody. Many people assume the mother receives favorable custody consideration over the father. However, in Nevada the court does not recognize gender in deciding custody nor does it recognize the "tender years" doctrine which some state due.
Custody Determination
The courts in Nevada are required to follow certain guidelines in determining custody issues. The courts must decide what is in the best interest of the child. In making this decision, many factors are considered such as the parent’s financial ability to care for the child, both parents continued relationship with the child, and depending on the age of the child, his or her wishes. Our best interest factors sheet will provides more examples of the factors the court will review.
While many people still think the mother is favored by the court’s in awarding custody, case precedent shows that Nevada courts consider both parents to be equally entitled to play a part in raising their child and making life decisions.
Visitation Rights
In non-divorce issues fathers have a right to maintain continued contact with their children and to maintain a loving relationship. When no custody order is in place the mother is often looked the default primary custodian. In these situations it is important for father's to obtain a court order to document a visitation schedule. This custody order will protect a fathers visitation rights. During a divorce proceeding custody and visitation will be set during one of the first hearing and are called temporary custody orders.
Child Support
Both a mother and a father are responsible for financially providing for their children. If the court order is joint custody them both parties are equally responsible to pay child support with an offset. If the court orders for one of the parents to have primary custody then the parent with visitation will be ordered to pay full custody with no offset. Failure to pay support according to a court order could lead to contempt of court order penalties.
If you are facing a divorce or custody issue you don't have to don't have to surrender to the myth that the mother of the children will always be awarded primary custody. Protect your rights as a father so you can continue your relationship with your children and contact a skilled Las Vegas custody and divorce attorney.
