If you are a Las Vegas resident and are at the beginning of a child custody dispute, you may have several questions about the process and likely outcomes of your case. Child custody battles can be a stressful and emotionally challenging time in your life. While hiring an experienced family law attorney will help guide you through the process, knowing what to expect will provide some comfort during this difficult time.
A list of frequently asked questions and answers regarding child custody cases include:
What is child custody and how is it determined?
This term refers to who has the legal and practical responsibility to care for the well-being of your child. Child custody determinations are made by a court, and they involve deciding with whom the child will live and who will make important decisions regarding the child’s upbringing.
Before going to court, many parents attempt to reach a custody agreement through negotiation or mediation. In these processes, parents work with their attorneys or a neutral third party, also known as a mediator, to try to agree on a custody arrangement that suits both parties and is in the child’s best interest. If parents cannot come to an agreement, a judge will make the determination of what kind of arrangement is best for the child.
What is joint custody?
Joint custody is often considered when it is believed that the best situation for the child is to have continued and frequent contact with both parents, if they are both willing and able to cooperate and provide a stable and supportive environment for their child. Major decisions for the child will be made by both parents. Their child also will spend significant time living with both parents.
How do I file for custody?
To file for child custody, meeting with a child custody lawyer is highly recommended because they can help lead you through the process.
Collect all relevant documents and information related to your child and the custody dispute. This may include:
- Your child’s birth certificate
- Previous custody agreements or court orders
- Records of child support payments (if applicable)
- Evidence of your involvement in the child’s life (e.g., school records, medical records, communication with the other parent)
- Any evidence of the other parent’s ability to care for the child, or any concerns regarding their fitness as a parent.
Can I relocate with my child?
In Nevada, if a parent with joint custody wishes to move out of state with their child, they are generally required to provide written consent after requesting permission to relocate. This request should typically include details such as the proposed move date, the new address, and the reason for moving, such as a new job or opportunity.
If the other parent does not consent to the relocation, the parents can try different dispute resolution methods, such as mediation, to attempt to reach an agreement regarding the move and any modified custody arrangements. If that doesn’t work, the parent wanting to relocate would have to file a motion requesting relocation and allow the court to make the determination at trial.
If you need legal advice during a divorce or child custody battle, give Warnock Family Law a call today.