When parents divorce and children become involved, the dynamics of the divorce proceeding take on a different course. Family courts in Nevada, like those in all states, strongly advocate for the best interests of children involved in a divorce. Courts encourage parents to come to a cooperative and amicable agreement over custody and support on their own. When parents are unable to do so, courts will make the decisions over custody, visitation, and support, acting as an advocate for the children. The following headings look more closely at the laws governing Nevada child custody and child support.
Nevada Child Custody:
Nevada courts will do everything in their power to reduce the emotional impact of divorce on children. In doing so, the courts will consider many different factors in the determination of custody, including the child’s own wishes (to the extent that he/she is capable of expressing them intelligently), the physical and mental health of the parents, and more. If the parents cannot agree on a satisfactory plan for custody, the courts will decide what is best for the children and will choose the parent based on his/her willingness to encourage a relationship between the children and the noncustodial parent, as well as any history of violence or abusive conduct. Full joint legal custody is also an option in Nevada.
Nevada Child Support:
Child support in Nevada is determined in accordance with the “Income Shares Model” for child support, where each parent’s income is considered in relative proportion. The support amounts calculated from each parent then help decide which parent must pay the other in order to maintain the appropriate proportion and provide for the needs of the child.
It is worth noting that these guidelines are not always followed, but a decision to follow a standard other than the Income Shares Model will require supportive evidence showing 1) all the factors that affect the parties’ financial obligations differently, and 2) how applying a different standard will more effectively preserve the best interests of the child.
Support is paid to a child support agency and usually deducted by an employer. See Nevada Divorce Laws & Resources for child support enforcement resources.
A lawyer can help you understand and organize your rights and responsibilities towards your children and ex-spouse after a divorce. A lawyer will also serve as your advocate and/or counsel when negotiating a parenting agreement.