What Factors Does The Court Use To Determine Which Parent Gets Custody Of The Child?
I have a lot of parents who come to me wanting primary or sole custody of their children, and there are things that you need to know if this is your situation and your predicament. The court looks at many factors in determining what to look for in granting one parent primary or sole custody over the other.
Remember, whenever anything deals with a child and family court, the court is always going to look at what is in the best interests of the children.
The factors include some of these, but are not limited to this list:
- Number one, the mental and the physical stability of the parents.
- Number two, the child’s physical and emotional needs.
- Number three, any history of domestic violence in the household.
- Number four, any history of neglect or abuse by one parent to the other parent or from one parent to a child.
- Number five, the level of conflict that exists between the parents.
- Number six, the ability of the child to maintain a relationship with a parent. If, for example, one of the parents has given primary custody, will that parent then enable and foster a relationship with the non-custodial parent?
- Number seven, which parent has customarily had the primary responsibility of caring for the child, of taking the child to the doctor’s appointments, have taken the child to school or extracurricular activities?
- Number nine, the relationship between the child and each parent. Is the child closer to one parent than the other parent? Is the child able to express themselves freely with one parent, more so than with the other parent?
- Number 10, whether the parent who is given the custody will continue to foster a relationship with the other parent.
- Number 11, the wishes of the child.
This has to do with the age of the child and the maturity of the child. Children generally under the age of 15 years old are not given too much weight as to what their wishes are, to which parent they would like to live with.
These are just some of the factors that the court looks at when determining if and when to give one parent primary custody of the child over the other parent. Remember that in Nevada, the courts feel that the best interests of the children are always to have joint custody with both parents. So if you are looking for primary custody or sole custody of your child, what you need to do is be sure that you meet many of the factors that the court considers in granting one parent primary custody or sole custody over the other.
If you wish to discuss this topic further, go to www.vegasdivorcemeeting.com. And I’ll be more than happy to sit down with you to discuss this particular situation.
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