Best interests of the child in Nevada. Las Vegas child custody lawyer explains

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Las Vegas divorce and family attorney Anthony M. Wright of The Wright Law Offices in Las Vegas, Nevada phone number 7255298956 operates an office close to Green Valley Henderson www.wrightlawnv.com

He discusses the 12 enumerated best interests factors that every family court judge in Nevada must address when making a child custody determination.

When a judge determines which parent or guardian should have physical or legal custody of a child or children, that judge is mandated by the Nevada Supreme Court to look at:

NRS 125C.0035  Best interests of child: Joint physical custody; preferences; presumptions when court determines parent or person seeking custody is perpetrator of domestic violence or has committed act of abduction against child or any other child.
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4.  In determining the best interest of the child, the court shall consider and set forth its specific findings concerning, among other things:
(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her physical custody. 2:19
(b) Any nomination of a guardian for the child by a parent. 6:54
(c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent. 7:53
(d) The level of conflict between the parents. 10:22
(e) The ability of the parents to cooperate to meet the needs of the child. 12:33
(f) The mental and physical health of the parents. 14:05
(g) The physical, developmental and emotional needs of the child. 15:09
(h) The nature of the relationship of the child with each parent. 16:48
(i) The ability of the child to maintain a relationship with any sibling. 18:15
(j) Any history of parental abuse or neglect of the child or a sibling of the child. 19:30
(k) Whether either parent or any other person seeking physical 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. 21:07
(l) Whether either parent or any other person seeking physical custody has committed any act of abduction against the child or any other child. 24:56

In preparing for a child custody case, a litigant should attempt to obtain as much evidence to prove that each factor favors that litigant. The more factors that are in the favor of one parent and the heavier the weight the court puts on any factor in the overall analysis, the more likely that parent will win the sought after custody.

Laws change periodically and so no information provided in this video or on this channel should be relied upon completely. A consultation with a trained and experienced family law attorney is recommended.

No comments left on this video are confidential and so commenting should be done with deliberation and care as facts or arguments left here could be used against you later.

#transcriptions:
Today I want to present the best interests factors. These are the factors that a family court judge must go through and analyze in order to determine whether a parent or parents should get physical custody over their children or child. These factors are listed in the Nevada Revised Statutes 125C.0035 subsection four, and they are A through L. A through L. So, A, B, C, D, E, F, G, H, I, J, K, L. That’s twelve factors that are listed. Now the statute also says that the court can look at any other factors in order to determine best interests, not just those twelve. But I’m gonna go through those twelve because the court must go through every single one of them, in every case involving physical custody. And the reason we know this is that Nevada supreme court in the Rivero decision, Rivero versus Rivero, and again in the Bluestein decision, and in many, many other decisions have stated again and again that the district court level judge must go through these factors when determining physical custody.

So I will go through each one briefly. The first factor (A) is the wishes of the child. What can we take from that, being the first one? It would seem like, because it’s first, it must be the most important factor. And indeed, a lot of judges give a lot of weight to the wishes of the child. However, the child has to be of suitable age and discretion in order for their wishes to count. Now, I know of no judge that would put the child on the witness stand to be direct and cross-examined. That’s considered child abuse by most of the judges.
(cont'd)

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Видео Best interests of the child in Nevada. Las Vegas child custody lawyer explains канала Anthony Wright