Child Custody

child custody attorney, child support lawyer

Erin N. Grieve

Child Custody & Child Support Lawyer

Child custody is extremely common in divorce cases but can be pursued at any time for the benefit of the child(ren). While Nevada’s public policy ensures both parents remain an active part of their children’s lives, custody determinations will be made in the best interests of the child. Custodial changes or disputes can be damaging not just for the guardians involved, but for the child as well. Erin N. Grieve is a child custody and child support lawyer who handles all elements of a case in a way that puts the security, happiness, and health of your child(ren) forefront.

Custody

The state of Nevada recognizes two forms of child custody, physical and legal custody, and utilizes two methods for coming to a resolution. Custody terms can be mutually agreed upon or determined by the courts. Each situation may be different, but in Nevada, parties may be referred to mediation to discuss child custody and establish a Parenting Plan . It is advised that parents come to an agreement regarding custody at this time. If a decision cannot be made, the case will be given to a judge where they will make the final decision.

There are many factors that a judge will consider when deciding the best interest of the children. The factors come from NRS 125C.0035 and include:

  • The wishes of the child if the child is of sufficient age and capacity to express an intelligent preference;
  • Any nomination by a parent or a guardian for the child;
  • Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent;
  • The level of conflict between the parties;
  • The ability of the parents to cooperate to meet the child’s needs;
  • The mental and physical health of the parents;
  • The nature of the relationship of the child with each parent;
  • The physical, developmental, and emotional needs of the child;
  • The nature of the relationship of the child with each parent;
  • The ability of the child to maintain a relationship with any sibling;
  • Any history of parental abuse or neglect of the child or a sibling;
  • Whether a parent has committed an act of domestic violence against the child, parent of the child, or person residing with the child;
  • Whether the parent has committed an act of abduction against the child or a sibling.

Courts will consider what is in the best interest of the child based upon these factors. While joint physical custody is presumed to be in the best interest of the child, this is determined on a case-by-case basis.

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Physical Custody

Physical custody refers to the child’s living arrangements which can be either joint or primary. Primary physical custody is when one parent has the child(ren) more than 60% of the time while joint custody means the child(ren) spends roughly an equal amount of time with each parent.

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Legal Custody

Legal custody refers to who has the authority to make parenting decisions. These may include school enrollment, religious beliefs, extracurricular activities, and the child’s medical needs. It’s fairly common for each parent to receive joint legal custody. This means parenting decisions are shared and agreed upon by both parties.

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Visitation

Visitation is decided after child custody and entails when non-custodial parents get to spend time with their children. Holiday visitation and vacation visitation are all included when crafting a custody schedule that meets the best interest of the child.

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Relocation

When one parent wants to leave the jurisdiction area, this disrupts the custody schedule. If the parties cannot come to an agreement, the court is empowered to decide on where the child should live. The legal burden of proof to obtain permission for relocation depends on numerous statutory and case law factors.

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Establishing Paternity

For parties who are unmarried and wish to have a formalized custody schedule devised, establishing paternity is the first step. Just because parties are not married, that does not change their right to see their child. Most people acknowledge paternity, but if you have doubts, you have the ability to confirm paternity. Once a legal relationship is established between the father and child, a court can then order child support.

Child Custody Lawyers Reno, NV
Know When to Modify a Custody Agreement

Problems, such as poor school performance or medical issues may necessitate the change of a previous court order. This can result in a new evidentiary hearing and depending on the current custody order, this can change the “legal burden of proof” and modify custody arrangements.

Erin Grieve has served as a child custody lawyer and child support attorney for many Reno families. As a child of divorce herself, Erin’s experience has given her valuable insight that assists with counseling her clients as a Reno family lawyer. Her compassion and empathy for families dealing with a child custody case will make the process much smoother and simpler. Meet with a quality Reno child custody lawyer. Connect with Erin N. Grieve today to schedule a consultation.

*Cases are dependent on certain factors including: financial advantage the child experiences from the move, if the move is honorable and if there is a realistic expectation for visitation with the other parent.