Child Custody & Support

Legal Process for Custody, Visitation and Child Support

Child Custody: In Nevada, child custody is determined by considering the child’s best interests, including their relationship with parents, parents’ abilities, and any history of violence. Custody types include physical (where the child lives) and legal (who makes decisions for the child). Joint or sole custody can be awarded, and the noncustodial parent usually has visitation rights.

Visitation: Noncustodial parents in Nevada typically have visitation rights, outlined in the custody order. The court can modify the schedule based on significant changes in circumstances.

Child Support: Nevada law requires the noncustodial parent to pay child support, calculated based on income, number of children, health insurance costs, and the custody arrangement. The state’s Division of Welfare and Supportive Services assists with establishing and enforcing child support orders.

Process: One parent initiates the process by filing a complaint for custody, visitation, or child support. Court hearings or mediations occur, and orders are issued based on evidence. If parents agree, they can submit a written agreement to the court for approval.

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Custody

Custody laws in Nevada state are primarily focused on what is in the best interest of the child or children involved in a custody dispute. The relevant laws are outlined under Chapter 125 of the Nevada Revised Statutes. This overview covers key points including the types of custody, factors considered in custody decisions, and the modification process.

Types of Custody: Nevada law recognizes two kinds of custody – physical custody and legal custody. Physical custody pertains to where the child lives and spends time, while legal custody refers to who makes major decisions regarding the child’s upbringing, such as education, health, and religion. Each type can be either sole or joint. Sole custody means one parent has primary responsibility, whereas joint custody means both parents share equal responsibility.

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Child Support

Child support is governed by the Nevada Revised Statutes (NRS), specifically NRS 125B.070 and NRS 125B.080. These laws are intended to ensure that both parents contribute financially to the upbringing of their child, based on their ability to pay. The goal is to meet the child’s needs while balancing the financial capacity of both parents.

The determination of child support is primarily based on each parent’s gross monthly income. The Nevada Child Support Guidelines provide a percentage formula for calculating the minimum child support obligation, depending on the number of children. These percentages range from 16% (for one child) to 25% (for three children) of a parent’s gross monthly income, with higher percentages for additional children.

The Nevada Child Support Enforcement Program is responsible for ensuring compliance with child support orders. This program can take several enforcement actions, such as wage garnishment, interception of tax refunds, or suspension of licenses, to compel a noncustodial parent to fulfill their child support obligations.

While the formula provides a guideline, courts in Nevada have some discretion to deviate from these guidelines based on several factors. These include the cost of healthcare and childcare, the age of the child, the child’s educational expenses, the parent’s ability to pay, and the child’s special needs, among others.

Modification of child support is also possible in Nevada. Either parent can request a review of the child support order if there has been a significant change in circumstances. This typically includes things like job loss, a change in income, or a significant change in the needs of the child.

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Paternity

Paternity refers to the legal determination of fatherhood and plays a pivotal role in several family law issues, such as child custody, child support, and visitation rights. In Nevada, paternity is governed by Chapter 126 of the Nevada Revised Statutes (NRS), which defines both the importance and the process of establishing paternity.

Establishing Paternity

There are two primary ways to establish paternity in Nevada. The simplest method is through the voluntary acknowledgment of paternity. If both parents agree on the identity of the child’s father at birth, they can sign a Voluntary Acknowledgment of Paternity form. This form, once signed and filed with the Office of Vital Statistics, establishes the legal fatherhood of the child. It’s crucial to understand that by signing this document, the father is accepting the responsibility of being the child’s legal parent, which may involve paying child support.

In instances where paternity is disputed, it can be legally established through a court order. This typically involves genetic testing. A woman, a man alleging himself to be the father, a child through a representative, or the state (usually in cases involving public assistance) can file a complaint to determine paternity. After hearing the evidence, the court will issue an order establishing paternity.

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