HOW TO CHANGE CHILD CUSTODY IN NEVADA

Nevada Fathers are often unsure as to whether they can gain custody of their child when the mother already has primary custody.  Pursuant to Ellis v. Carucci, a father can change existing custody if 1) there has been a change of circumstances since the last custody order; and 2) a change of custody is in the best interests of the child.  


The Ellis standard for changed circumstances can be met by showing a major change, such as drug addiction, or by showing a collection of several smaller changed facts. When determining what is in the "best interests of the child," the Court must consider facts such as:

• The nature of the relationship between parent and child.
• The ability of a parent to meet the child's needs.
• Which parent is more likely to cooperate with the other.
• Maintaining a relationship between the child and his or her siblings.
• The mental and physical health of the Parents.
• Any history of domestic violence between the Parties.

When applying the Ellis test, Nevada Courts may not favor either parent because of gender. This is because a father's rights in Nevada are equal to those of a mother.


Contact the Ciciliano Law Office today if you require a Las Vegas fathers' rights lawyer. Our office will start any new family law matter for $500 down.