Most people preparing for divorce do not know what to expect. What little they know of divorce might come from popular media or from watching their friends divorce. People who are unsure of what to expect may set unrealistic goals and escalate conflicts unnecessarily. Particularly when the source of conflict is custody, rather than property division, people can actually hurt their position by becoming aggressive.
The better people know what to expect, the easier it may be for them to compromise with one another during a divorce. Do parents typically end up sharing custody after a divorce in Nevada?
The law presumes shared custody is best
Every state has different custody statutes. However, the one factor that is consistent in most jurisdictions is a focus on the children. Judges hearing contested custody cases should typically focus on the best interests of the children. Exactly how they achieve that goal differs from one state to the next.
In Nevada, state laws impose a rule that parents share legal and physical custody. However, either spouse can work with their lawyer to try to build a case that shows that shared custody is not appropriate, given the family’s circumstances.
Extreme and unsafe circumstances, like domestic violence, could convince a judge to limit one parent’s rights. Particularly in cases where one spouse targeted the children or engaged in violence in front of the children, their volatile behavior could influence what a judge views as appropriate. Substance abuse could also influence the outcome of a litigated custody case.
Unstable living circumstances, such as a lack of employment or housing, could also influence what a judge believes is in the children’s best interests. In some cases, even health challenges, including mental health issues, could influence a judge to grant one parent far more parenting time than the other or only award them visitation.
The courts generally recognize that children benefit from having both parents present in their lives, so one parent’s attempt to prevent the other from spending time with the children could actually backfire. It could lead to claims of parental alienation and an inability to put the children’s needs first.
Parents concerned about the reality of shared custody may need to discuss their family circumstances at length with a skilled legal team to determine if they are likely to prevail when asking the courts to limit the other parent’s time with or control over the children. Learning the basics of child custody statutes can help parents advocate for their children during a contentious divorce that could put them in a dangerous position.