Fathers’ rights in Las Vegas, Nevada, is a critically important issue for fathers and their children. Nevada law strongly protects the rights of fathers to participate in raising their children. As a father, it’s essential to understand your rights and exercise them aggressively. You have the right to a Las Vegas child custody lawyer to advocate for you and the best interests of your children.
Fathers’ rights in Las Vegas, Nevada, include the following:
The court makes custody orders that are in the child’s best interests. The court looks at all of the rights that are available to a father and decides what is best for the child. It’s common for the court to tailor the order to meet the unique needs of the child.
Nevada law enforces equal rights for divorced fathers. A child’s father has the same custody and parenting rights as the child’s mother. There is no presumption in the law that a mother is more fit to have custody than a father simply because of her gender.
However, even though there is no gender bias or presumption in Nevada custody law [1], the history of time spent with the child is an important factor for the court when they determine custody for the first time. In other words, the sooner you file a court action to establish custody and parenting time orders, the easier it’s going to be to fight for joint, including primary physical custody. To exercise your rights, you must bring a case to court to establish orders. The sooner you begin your case, the better.
A father’s custody rights in Las Vegas, Nevada do not depend on the permission of the mother. Even if the child’s mother is not willing to allow you to have contact with the child, the court can make and enforce custody and parenting time orders. If the child’s mother doesn’t follow the orders, she may be held in contempt of court. The court may also change custody or parenting time in response to a violation of a court order.
In fact, if the child’s mother doesn’t voluntarily provide you with access to the child, it can work against her when the judge hears the custody case. The court wants to hear that both parents are willing to work together. If the other side tries to interfere with your relationship with your child, the court may take action to ensure that the child has the opportunity to develop a meaningful relationship with you.
When the parents are not married in Nevada, who has legal custody depends on a court order. Generally, the courts order both parents to share legal custody of a child if the parents are unmarried.
The only exception is if there’s a reason that it’s not in the best interests of a child for one parent to share joint legal custody. However, in most cases, the courts order parents to share legal custody when parents are unmarried. To share legal custody, the father must bring a court petition to family court.
No, Nevada is not a mother state. Both the child’s mother and father have equal rights to seek custody and parenting time of a child in the State of Nevada. There’s no presumption in the law that a mother is a superior parent simply because of her gender, so Nevada is not a mother state.
The rights of the father in a custody case in Nevada are to have the court establish a custody and visitation time order that is in the best interests of the child. The father’s rights include sufficient parenting time in frequency and duration to allow the child to have a close relationship with him.
In the vast majority of cases, a father should be awarded at least some parenting time. If it’s in the child’s best interests for the father to have primary custody, the father may have primary custody.
Whether a mother can legally keep her child away from the father depends on what custody orders are in place for the child. If there is a custody order that specifies that the father exercise parenting time at a particular day and time, the mother cannot legally prevent the father from exercising his parenting time.
However, if there’s no order in place, or if the order doesn’t specify exact parenting days and times for the father, the mother does not have to allow contact. The best option for a father is to seek a legally enforceable parenting time order through the appropriate court.
Unmarried fathers’ rights in Nevada are strong. A father has the right to custody, including primary custody of the child, if it’s in the best interests of the child. However, these rights begin when the father exercises his rights by filing a court action.
The police generally don’t intervene in ensuring that a father has access to a child unless there’s an enforceable court order. An unmarried father must bring a paternity action to establish custody and parenting time. Along with establishing custody and parenting time, the court also establishes child support.
Our family law attorneys in Las Vegas, Nevada, can represent you in your custody case. Let our team fight for your rights. Call us today for your free consultation.
[1]Â NRS 125C.0035
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