Married parents are presumed to have joint custody until otherwise ordered by the court. If the court has not made a determination regarding the custody of a child and the parents of the child are married to each other, each parent has joint legal custody of the child until otherwise ordered by a court.
Don't try to move out of state with your child once a court action has been initiated
If at any time it appears to the court that any minor child of either party has been, or is likely to be, taken or removed from Nevada or concealed somewhere in Nevada, the court will order that the child be produced, and will assign custody to whomever it believes will provide the care and comfort "in the best interest of the child". That can sometimes mean that if You were the one hiding the child, you will lose custody.
Once custody has been established, if the custodial parent wished to move to another state with the child, the custodial parent must notify the non-custodial parent in writing and obtain written consent prior to the move. Should the custodial parent not receive consent from the non-custodial, the custodial parent must petition the court for permission to move the child. [NRS 125C.200]
In determining Nevada child custody of a minor in an action, the primary consideration of the court is the best interest of the child. A parent's gender will not give one an advantage over the other (since mothers tend to do more primary care giving they get primary custody far more often).
State divorce laws guide the court to award child custody in the following order of preference:
- To both parents jointly or to either parent,
- To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment,
- To any person blood-related to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State,
- To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child. There is a presumption by the court that joint custody would be in the best interest of a minor child if the parents have agreed to an award of joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child or children of the marriage.
- The court may award joint legal custody without awarding joint physical custody in a case where the parents have agreed to joint legal custody.
The court will order custody in the following order of preference:
- To both parents jointly pursuant to NRS 125.490 or to either parent, If the court does not enter an order awarding joint custody of a child after either parent has applied for joint custody, the court will state in its decision the reason for its denial of the parent’s application,
- To a person or persons in whose home the child has been living and where the child has had a wholesome and stable environment,
- To any person related within the fifth degree of consanguinity to the child whom the court finds suitable and able to provide proper care and guidance for the child, regardless of whether the relative resides within this State,
- To any other person or persons whom the court finds suitable and able to provide proper care and guidance for the child.
In determining the best interest of the child, the court will consider and set forth its specific findings concerning, among other things:
- The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her custody,
- 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 parents,
- The ability of the parents to cooperate to meet the needs of the child,
- The mental and physical health of the parents,
- 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 of the child, Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child,
- Whether either parent or any other person seeking custody has committed any act of abduction against the child or any other child.
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Rights of a non-custodial parent
Should there be an action filed with a court asserting that the visitation rights of the non-custodial parent have been violated, the court may enter a judgment ordering the custodial parent to permit additional visits to compensate for the visit of which the noncustodial parent was deprived.
Relocating a child out of state
If the custodial parent wishes to move a child from this state, he/she must get written permission from the other parent. If the noncustodial parent refuses to give that consent, the custodial parent must petition the court for permission to move the child prior to the move. The failure of the noncustodial parent to comply with the provisions of the statute may be considered as a factor if a change of custody is requested by the noncustodial parent.
Download Nevada Divorce Forms
[Nevada Statutes - Chapter 125 - Sections: 480, 490]
A marriage annulment is a court’s declaration that the marriage never existed or it is void. It is a legal process to nullify a marriage. Receiving a marriage annulment (also known as a marital annulment or divorce annulment) in Nevada requires one to petition the proper court that the marriage should be void, nullified and annulled due to specific conditions (grounds). To get a marital annulment in Nevada, one has to prove any of the following annulment grounds:
- Fraud - If you have been cheated or tricked into a marriage, you can file for annulment according to Nevada annulment laws,
- Consanguinity - The term consanguinity refers to ‘related by blood’. A marriage between too-close blood relations like, father & daughter, mother & son, sister & brother, uncle & niece or aunt & nephew etc. is forbidden, and one can petition for annulment,
- Bigamy - if your spouse was married when they married you, is bigamy and according to Nevada annulment laws, it is a valid annulment ground,
- Underage Marriage - one or both marrying before the age of majority is grounds for annulment,
- Insanity - If your spouse is insane or has a mental illness, and had such at the time of the marriage, you can petition for an annulment in Nevada.
No residency requirements exist for annulment filings. An individual may file for annulment in any county in the state.
[Nevada Statutes 125.290 - 360]
Nevada divorce laws provide child support guidelines that determine the appropriate childsupport amount to be paid. These guidelines will be applied to any case in which the parents cannot agree on a reasonable monthly obligation. In order for a court to grant a Nevada divorce, separate maintenance or annulment petition, Nevada divorce laws require that it must first provide for the medical and other care, support, education and maintenance of those children. Official Child Support percentages are established by Nevada divorce laws.
Those percentages are:
- For one child, 18 percent;
- For two children, 25 percent;
- For three children, 29 percent;
- For four children, 31 percent;
- For each additional child, an additional 2 percent
Child support is figured from gross income rather than net income
Nevada child support is figured using gross income rather than net, effectively taking more from the non-custodial (paying) parent. The court will consider the following factors when determining child support:
- The cost of health insurance (every support order must include provisions for health insurance of the child),
- the cost of child care,
- special educational needs of the child,
- the age of the child,
- the responsibility of the parents for the support of others,
- the value of services contributed by either parent,
- Any public assistance paid to support the child,
- Any reasonable expense relating to the mother's pregnancy,
- The cost of transportation relating to visitation,
- The amount of time the child spends with each parent and
- Necessary expenses for the child's benefit; The relative income of each parent.
Download Nevada Divorce Forms
[Nevada Statutes - Chapter 125 - Sections: 230, 070, 080, 090]
Nevada is somewhat unique due to its short six-week requirement to establish residency. State statutes refer to a legal separation as separate maintenance. Gaining a separation in Nevada requires much the same process as does a divorce. Petition the court and serve your partner with notice. A resident can get a legal separation in Nevada, and have the agreement cover all aspects of the relationship except that it does not change the marital status. Legal separation is frequently pursued when one of the parties wants to stay married for religious reasons, wants the advantage of deductibility of spousal support payments for income tax reasons, wants to maintain various insurance coverage's, or does not want to wait the state statutory waiting period for termination of marital status.
When a person has been deserted and the desertion has continued for 90 days, the person may, without applying for a divorce, petition the court for permanent support and maintenance of himself or herself and their children.
In an action for separation, a spouse may request a judgment for any payments that may be in default.
[Nevada Revised Statutes 125.190]
You will have an opportunity to reach a divorce settlement of all marital assets and debt with your spouse. If you fail to arrive at a settlement, the court will divide your assets. Nevada is a community property state in which the courts will divide all property of the marriage equally,
unless the court finds a compelling reason to not do so. Equally does not necessarily mean “evenly” to both parties however. In granting a divorce, the court:
May award alimony to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable; and
Will make an equal disposition of the community property of the parties, except that the court may make an unequal disposition of the community property in such proportions as it deems just if the court finds a compelling reason to do so.
Lock up the assets
If you think your spouse might try to hide assets, or spend them, we suggest you file a petition for a financial temporary restraining order. This order prevents liquidating assets or spending money beyond the basic necessities of daily living. You might first consider allocating enough funds to see yourself through, because the restraining order will apply to you too.
[Nevada Statutes - Chapter 125 - Sections: 150]
In any action for divorce the court may, if requested by either party, require either party to pay alimony necessary to assist the other party in accomplishing one or more of the following:
- To provide temporary maintenance for the other party,
- To provide temporary support for children of the parties, or
- To enable the other party to carry on or defend such suit.
You can request an adjustment to alimony if circumstances warrant it
Divorce laws in Nevada allow that a change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony would be deemed to constitute changed circumstances requiring a review for modification of the payments of alimony.
The court may make any order affecting property of the parties, or either of them, which it may consider necessary or desirable to accomplish the purposes of this section. Any such orders will be made by the court only after taking into consideration the financial situation of each of the parties. The court may award alimony (also known as spousal support) to the wife or to the husband, in a specified principal sum or as specified periodic payments, as appears just and equitable.
The court determines what if any alimony will be due based on:
- The financial condition of each spouse,
- The nature and value of the respective property of each spouse,
- The contribution of each spouse to any property held by the spouses,
- The duration of the marriage,
- The income, earning capacity, age and health of each spouse,
- The standard of living during the marriage,
- The career before the marriage of the spouse who would receive the alimony,
- The existence of specialized education or training or the level of marketable skills attained by each spouse during the marriage,
- The contribution of either spouse as homemaker,
- The award of property granted by the court in the divorce, other than child support and alimony, to the spouse who would receive the alimony, and
- The physical and mental condition of each party as it relates to the financial condition, health and ability to work of that spouse.
Should you desert your spouse for 90 days or more, your spouse can petition the court, without applying for a divorce, for permanent support and maintenance of him/her and the children.
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Adjusting the amount of alimony paid
A change of 20 percent or more in the gross monthly income of a spouse who is ordered to pay alimony is deemed to constitute changed circumstances requiring a review for modification of the payments of alimony.
[Nevada Statutes - Chapter 125 - Sections: 150]
You and your divorcing or separating spouse will have a choice here. Either agree with your spouse on a Parenting Schedule or Visitation Agreement, or the family court will impose a schedule on you. In particular, a visitation schedule as it relates to the children and the non-custodial parent.
We recommend you consider the following issues in any visitation agreement. If you are anything like we were when we went through the process, you're probably lost as to what needs to be included, and more importantly, what should not be over-looked in a Parenting Plan. When putting it together, be as specific as you can including the right language in your agreement. How is the custody defined (legal, joint, sole, etc.)? What are the rights and responsibilities? Who has legal custody? Which holiday does the child spend with you? What time and where may the other parent pick the child up? What time should the child be returned home? What is the procedure to follow if either of you are running late and won't be there on time? How much notice should you be given if they are planning a vacation? How far away may the other spouse move? What about future partners? Should those partners stay overnight in front of the children?
Should an agreement with your spouse not be possible, look for these particulars in the decree: alternate weekend visitation (3-day weekends included), mid-week visitation, sharing of the children during periods of school recess -winter, spring and summer, New Year's Eve, Easter, Rosh Hashanah and Yom Kippur, Thanksgiving, and Christmas with one parent or the other in alternate years, Father's Day with Father, Mother's Day with Mother, alternate years on the children's birthdays, and open communication by phone and computer.
The abduction, concealment or detention of your child that violates a court order is a Class D felony.
Become a custody expert. It will be worth its weight in gold
Be aware that you have to guide your side of the divorce. Don't rely that your attorney will think of everything. You set the course; your lawyer navigates. Become aware of what Nevada divorce laws are. If you anticipate any problems with custody or visitation, we suggest you own Child Custody Strategies.
[Nevada Statutes - Chapter 125 - Sections: C]
As provided for in state divorce statutes, divorce will be granted in Nevada for any of the following causes (grounds):
- Insanity existing for 2 years prior to the filing,
- When the husband and wife have lived separate and apart for 1 year without cohabitation,
Should a party request a divorce using the summary procedure (couples must meet specific criteria for what might be considered a quick divorce). The criteria is:
- The husband and wife have lived separate and apart for 1 year without cohabitation or they are incompatible,
- There are no minor children of the relationship of the parties born before or during the marriage or adopted by the parties during the marriage and the wife, to her knowledge, is not pregnant, or the parties have executed an agreement as to the custody of any children and setting forth the amount and manner of their support,
- There is no community or joint property or the parties have executed an agreement setting forth the division of community property and the assumption of liabilities of the community, if any, and have executed any deeds, certificates of title, bills of sale or other evidence of transfer necessary to effectuate the agreement.
- The parties waive any rights to spousal support or the parties have executed an agreement setting forth the amount and manner of spousal support,
- The parties waive their respective rights to written notice of entry of the decree of divorce, to appeal, to request findings of fact and conclusions of law and to move for a new trial and
- The parties desire that the court enter a decree of divorce.
[Nevada Statutes - Chapter 125 - Sections: 010]
One of the parties to the divorce action must have resided in Nevada for at least six weeks prior to the filing of the action, or the cause of the divorce must have arose in the county in Nevada where the parties actually lived at the time of the happening of the cause. In summary, the divorce action may be filed in any county where:
- The cause for divorce arose,
- Where the defendant resides or may be found; or,
- Where the plaintiff resides, or; where the parties last cohabited.
[Nevada Statutes - Chapter 125 - Sections: 020]
There is no waiting period other than the six weeks required for residency. You are free to marry the very day your divorce becomes final, although we think that if you do, that marriage could be annulled by reason of insanity.
No restrictions are in effect against a remarriage following a divorce decree.
[Nevada Statutes - Chapter 125 - Section 130]
If child’s parents are separated or divorced or if one parent is deceased or has relinquished his parental rights or had them terminated, the grandparents and great-grandparents may get visitation if it is in the best interest of the child. The statute lists specific factors which are to be considered in determining the best interest of the child. They include:
- emotional ties existing between the grandparent and grandchild
- the grandparent's ability to provide love and guidance and serve as a role model
- the grandparent's willingness to supply material needs during visitation
- the grandparent's ability to provide the child with health care
- the prior relationship between the two, including such factors as whether the grandchild resided with the grandparent and whether the child was present at holidays and family gatherings
- the grandparent's moral fitness
- the grandparent's mental and physical health
- the preference of the child, if applicable
- the willingness of the grandparent to facilitate and encourage the child-parent relationship
- the medical needs of the child
- any financial or other support provided by the grandparent
- any other relevant facts
Adoption does not necessarily terminate visitation rights for grandparents. If visitation rights of the parent were relinquished, the grandparents petition must have been filed before the parents rights were relinquished.
If a child has resided with a person with whom the child has established a meaningful relationship, the district court in the county in which the child resides also may grant to that person a reasonable right to visit the child during the child’s minority, regardless of whether the person is related to the child.
[Nevada Statutes - Chapter 125C - Section 050 ]
A Word On Your Journey Toward Healing And Recovery ...
At some point in the process, you may discover that you will not be able to manage the divorce recovery all by yourself. If you are a man, you are apt to bury the hurt and anguish and force yourself to Move On. However, unresolved feelings are just that- unresolved, and are likely to become issues later on. If you are a woman, you will feel the process more, and likely will experience a feeling of loss while feeling lost. We recommend you spend time discovering why things worked out as they did, so that you grow with the new knowledge. We offer a myriad of tools that can get you to the other side. The more you learn, the less you fear. Trust us on this. Spend some time and a few bucks and the return will be ten-fold.