This is the next post in my series on the handling of matters in which parents wish to obtain primary custody of their child in Las Vegas, Nevada. My last article discussed how Nevada law handles requests for primary custody. While the law assumes that custody should be shared between the parents, it does allow for a parent to have primary custody if it would be in the best interests of the child. Retaining an experienced attorney can be important to understanding what the Court may, or may not, consider to be in the child’s best interests. In this article I will establish steps a parent can take to show that primary custody is best for the child. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
The Clark County Family Court will look at objective evidence when determining child custody
The Clark County Family Court will concern itself with objective evidence when determining what is in the best interest of a child. The Court will seldom give weight to claims that are supported by little more than accusations or conjecture. This is best explained by way of example. Suppose that Jill claims that she should have primary custody of the child due to Jack being an extreme alcoholic. She claims that Jack is perpetually intoxicated and that he cannot go a day without drinking heavily. The facts, however, show that Jack has never been arrested for a DUI or any other alcohol-related offense. Furthermore, Jack has held the same job for fifteen years and his employer signs an affidavit stating that Jack has never appeared drunk at work. Finally, Jack’s bank records do not show excessive spending at bars, restaurants, or liquor stores. Based on this information, the Court may find that there is no objective evidence that Jack is an alcoholic and the Judge may disregard Jill’s claims.
It is important for a parent to base their claims on issues for which they have some form of proof or on facts over which there can be little disagreement. As an example, suppose Joe and Jane have an eleven-year-old daughter. Jane is zoned for a school which is consistently ranked higher than the school which Joe is zoned for. Furthermore, Joe’s work schedule varies and he cannot be sure of what times he will actually be home to care for the child. Jane, by contrast, has consistent work hours. Under this scenario, the Court may grant Jane primary custody on the grounds that it is not practical for the child to spend half of her time with Jack. The Court would be able to make such a determination on the basis of facts which are easily verified (school rankings, work hours, etc.).
A lawyer can help Las Vegas parents gain the evidence they need to prove a case
It is possible to gain objective evidence which can help to prove claims against the other parent. A process known as “discovery” allows a parent to gain evidence in child custody proceedings. This process can be used to obtain bank records, employment files, medical records, and more. Revisiting the examples from above, if a parent believes that their counterpart is an alcoholic then they can obtain bank records which can show excessive spending at drinking establishments, liquor stores, etc. The discovery process can be vital to proving your case. It involves complicated procedures and it is important to have an attorney assisting you who is experienced in such matters.
If you are in need of assistance then contact my office today to speak with a Las Vegas child custody lawyer. I practice solely in the area of family law and my office is dedicated to providing quality service. Contact us online or by telephone to schedule an initial consultation. We look forward to speaking with you.