Wednesday, August 3, 2011

CHILD CUSTODY WIN FOR LAS VEGAS FATHER

Our office won a Nevada father temporary primary custody of his child on July 24th, 2011.  In a case where the mother is believed to be engaging in heavy drug use, District Court Judge Kenneth Pollock ordered that the mother's visitation shall be suspended until she can demonstrate to the Court that she is drug free.  The mother must also pay the father child support.

As we have previously reported, the rights of a Nevada father are equal to those of a mother.  This means that the Court must begin each case with the presumption that custody should be equally shared between the Parties. The Court, however, may award a Party primary custody if it is in the best interests of the child.  When determining what is in a child's best interests, the Court will consider factors such as:
  • The needs of the child
  • The ability of a parent to meet a child's needs
It goes without saying that a mother engaging in extensive drug use is likely unable to meet the needs of a child.  For this reason, demonstrated drug use will regularly lead to one parent having primary custody.  A Court, however, will not order drug testing simply because one party requests.  The Party requesting a drug test, of the other Party, must demonstrate a reason to believe that drug use is occurring.

When supervised visitation is ordered in a Clark County, Nevada child custody case, it will be held either at Donna's House (which is located at the Clark County Family Courthouse) or with a third-party supervisor.

Contact our office if you require the services of a Las Vegas child custody attorney.

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