Divorce can be a difficult and downright messy experience. It is easy for spouses to end up battling over their resources. They may find it difficult to compromise and work together because of their intense emotions.
For those who share minor children, custody issues can become another, likely even more emotional, point of contention. Frequently, parents going through a divorce struggle to view one another as good parents. They might hope to secure sole custody. They might use custody as a form of leverage or a way to punish one another.
Some parents choose not to seek joint or shared custody because they assume that a prior focus on career development or unfounded accusations made by their spouses could prevent them from securing shared custody. Contrary to what parents sometimes believe, sole custody outcomes are not common when parents divorce in Nevada.
The state prefers shared custody
Generally speaking, parental rights are not the main consideration during litigated custody disputes. Family law judges have a responsibility to make decisions based on what is best for the children in custody cases.
Usually, children need the support and guidance of both of their parents regardless of how contentious a divorce may become. Nevada state law actually contains a presumption of joint custody unless there is a court-approved custody order granting one parent sole custody.
Parents seeking sole custody either need the consent of the other parent or a very compelling argument to support their request. Those pushing for sole custody in a litigated Nevada divorce need more than just their own allegations to convince a judge that denying the other parent time with the children is in their best interests. Judges may consider evidence-backed claims related to domestic violence, substance abuse or a history of neglect.
When judges resolve custody disputes, they typically allocate both parenting time and legal authority to make decisions about the children. Parents typically share time and must exchange custody regularly. They also need to interact with one another so that they can make decisions jointly on important parenting matters, such as what health care the children receive.
Parents who learn about the basic rules that apply to custody cases and divorces may feel more confident in their decision to pursue their parental rights.
