Altering Physical Custody or Visitation Rights
After child custody has been decided by the courts or by agreement of the parents, it can be modified or changed at a later date. Although in rare cases the two parents may decide together, after a period of time, to modify custody to reflect the child's best interest, often the process is not so smooth and the courts will become involved.
If you wish to modify or change the custody of a child in Nevada, you must file a motion in the same court that ordered the custody arrangement and the process differs in each county in Nevada. It is important to remember that the court's initial inclination will be to maintain the status quo unless there is convincing evidence that proves that custody modification will be in the best interest of the child. In addition, if the other parent has primary physical custody of the child, you will need to convince the judge that “there has been a substantial (significant) change in circumstances that affects the welfare of the child.” The preference of a child who is old enough to express his or her wishes may also be taken into account, though it will not be the deciding factor.
If you are considering petitioning for a custody modification and you currently have visitation rights or joint custody, it is very important to document the time that you spend with the child to use as evidence in the court. Keep to the court-ordered schedule as much as possible, and, if there are necessary revisions or changes, confirm these changes with texts and emails which you can print and save for your records to substantiate your claims in court.
Modification of Child Support Payments
In Nevada, child support payments are eligible for review every three years, or whenever a substantial change in circumstances necessitates a review. Either parent can petition for child support modification, and a judge will review the relevant financial documents to approve or deny an alteration.
Moving out of Nevada
If you wish to move out of Nevada or move to an area of the state far enough away from the other parent that it would harm their relationship with the child, both parents must agree to the relocation. If a parent will not sign a petition for the move, you must petition the court for permission. The court will grant permission if you can demonstrate that you have a “sensible, good faith reason” for the move and that the move is in the child's best interest. If you do not have primary physical custody of the child, you must also demonstrate that it would be in the child's best interest for you to have primary physical custody.
Legal Counsel for Modifications in Las Vegas
If you are concerned about the current custody arrangement of your child or children, you may want to speak to an attorney who can help you navigate the sometimes complex process of modifying a custody agreement. An experienced family law attorney can often mediate between parents and help you come to an agreement that will work the best for the continued health and happiness of your children. Call The Jacks Law Group today at (702) 834-6300 to consult on your case, or contact us online.