This is the first post in a series which will address the topic of how domestic violence impacts child custody cases in Las Vegas, Nevada. I have decided to write on this topic due to the fact that such violence can be an extremely heavy factor in the Court’s determinations. Many parents, however, have misunderstandings as to how incidents of violence will, and will not, impact custody proceedings. The goal of my coming articles is to provide information which will help individuals to better understand their situation. It has also been my goal to provide information which assists with the selection of a family law lawyer. If you require assistance then contact my office today to speak with an attorney.
I will address multiple topics over the course of this series. Issues which I will analyze include:
- How domestic violence impacts Nevada child custody cases
- How the offending party may overcome presumptions that they should not enjoy joint custody
- How the Court will address false allegations of violence
- Changing child custody, after it has already been established, due to domestic violence
I have chosen to discuss these topics for various reasons. First, Nevada law presumes that a parent should not have joint physical custody of a child if they are found to have committed domestic violence against one with whom the child has lived. This presumption may be overcome, depending on the facts of the case. Second, if a party is attempting to overcome the presumption then it is important to understand the types of evidence which the Court may consider relevant. Third, and unfortunately, it is not uncommon for parents to claim that their counterpart has committed a crime in order to gain an advantage in custody proceedings. If it is found that false accusations have been made, then the Court may award a greater custody share to the accused parent. Finally, it is important to understand how to change custody if your former significant other has committed a crime against you.
One point I cannot stress enough is that you should contact an attorney immediately if you or a family member have been accused of a crime. The Clark County Family Court will take such accusations very seriously and you must understand that your custody rights are in jeopardy. I am a Las Vegas child custody lawyer with extensive experience in handling such matters and my office will give your case the attention it deserves. This includes staying in regular contact with you throughout the process and making sure that you know what to expect as the matter proceeds. Contact us online or by telephone to schedule an initial consultation.