Divorce Nevada Custody

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People usually go for divorce when they find no option to resolve their marital disputes and differences on their own. The divorcing individuals make sure that all related aspects of their marriage should be properly sorted out before final separation from each other. One of the critical issues associated with most of divorce process is the child custody. However, child custody issues are resolved according to the laws and rights defined for that particular state. Similarly, divorce custody in Nevada takes place on the basis of specific rules and regulations set by the federal system. In this state, there is an assumption that generally, joint custody would be allocated. If the best interests of the child results into the condition where the award of primary custody is to a single parent, the court issues the related orders. The most frequent reason for the necessity of single parent custody arises due to the behavior (usually unpleasant or illegal) of the non-custodial parent that is detrimental for the child. Some examples of this sort of behavior are as follows:

• Drug abuse
• Use of guns in the house
• Child abuse
• Domestic violence

The involvement of either of the two partners in any of the above mentioned situations is seriously pondered over by the court while determining the child custody plan for a particular divorce case.

Factors considered by the court in awarding divorce custody in Nevada

The court studies and places particular findings related to the below mentioned factors. On the basis of this, it eventually decides how to attain the best interests of the child.

• Whether the person who is requesting custody has been involved in domestic violence against his or her spouse, the child or any other individual who has been staying with the child?
• Whether there have been any past incidences of neglect or parental abuse of the child or against the sibling of the child?
• Is the child under study capable of retaining a relationship with his or her siblings?
• How is the relationship of the child with each parent?
• The emotional, developmental and physical requirements of the child
• The physical and mental health of the father and the mother
• In order to satisfy the requirements of the child, are the parents capable of cooperation amongst themselves?
• Is there any dispute between the parents? If yes, to what extent?
• What is the possibility that one parent would permit the child in his or her custody to maintain a continuing relationship and frequent associations with the other (i.e. non custodial) parent?
• Whether the parent or a guardian of the child desires to make a nomination for the child?
• Let us assume that the court has concluded that the child is of adequate capacity and age to develop and express an intelligent preference pertaining to a custody plan. Then, the wishes of the child are acknowledged by the court

Highlights in Divorce Nevada Custody

• Let us consider a case of divorce, legal separation or annulment wherein minor children are a part of the procedure. As per the laws in this state, in such cases, the terms of child custody and visitation must be detailed in the complaint, the counterclaim (if it is made) and the Decree of Divorce
• In case of visitation rights of the non custodial parent, it is not adequate to use the term "reasonable visitation"
• The court prefers that the father and mother should talk with each other regarding child custody. They should draft an agreement that comprises of the schedule for summer vacations, holidays and weekly time sharing. Further, they should prepare this agreement in written format. Lastly, the court approves this written document.
• A consummate custody plan comprises of the following points
  • The physical custodial parent of the child
  • Who is responsible for the upbringing of the child on issues like education, health care and religion?
  • An arrangement related to residential care
  • A plan for visitation of the non custodial parent
• The court normally grants this responsibility to the most suitable individual associated with the child. It is not necessary that child custody should be only provided to the parents in every case. At times, a third person seems to be more suitable and sharing a healthy and caring relationship with the child, can be asked to take up the child custody responsibilities.

Divorce custody in Nevada results into all major decisions taken for the decent upbringing of the child after their parent's separation or any sort of changes brought in the family. Overall, all the decisions are supposed to be made keeping in mind the best interests of the child involved in the case.

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