In order to obtain a divorce in Nevada, you must be a resident for a period of at least six (6) weeks prior to filing the complaint for divorce.
If you have children, in order for Nevada to exercise jurisdiction over your children in a divorce, the children must have resided in the State of Nevada for a period of at least six (6) months prior to filing for divorce.
When two parents are married and are seeking a divorce, Nevada law says the parties share joint legal and joint physical custody until the Court orders otherwise. This means both parents have rights to not only physical custody of their children, but decision making power on behalf of their children, also known as legal custody.
Neither parent has the right to determine the custodial schedule nor does either parent get to withhold custody of the children.
If there is any dispute as to the interim custody schedule, you may need to file for divorce immediately to get the matter before a Family Court Judge.
The legal standard in making a custody determination in a divorce is what is in the child(ren)’s best interest. NRS 125C.0035 list the factors the courts consider in making a custody determination based upon the child(ren)’s best interest.
Note NRS 125C.0035 also states that there is a preference for joint custody in Nevada.
If you have questions on custody in a divorce matter, please call The Law Offices of Andriea A. Aden, Esq. at 775-622-9245 today to schedule your consultation.