This is my first post in a series discussing how domestic violence impacts the rights of Nevada fathers. Given the frequency with which this issue arises in Nevada child custody cases, I felt it was necessary to write on the subject at an in-depth level.
The statute in Nevada dealing with domestic violence in child custody cases is NRS 125.480 (k). This statute is designed to protect the best interests of the child, meaning the court’s first and only priority is to look out for the children. It is because that is their only priority that they take domestic violence very seriously. If a person is violent by nature, it is not in the best interest of the child to either be a witness of or a party to such behavior.
No one wants to lose custody of their children. I have witnessed father’s being falsely accused of domestic violence and helped them prove otherwise. It is not unusual for the mother to use the above statute to try to obtain custody. Child custody battles are often brutal and the parties involved do not always play fair.
In my next posts I will address how seriously the court views domestic violence and how it can impact your case if you are accused of domestic violence. The court can and does come to their own determinations regarding domestic violence. They do generally rely on evidence such as witnesses, testimony, police reports and convictions. However, it really only takes the court’s belief that you have committed domestic violence for them to take your children away.
Below are the topics that I will address in this series:
- How domestic violence impacts child custody determinations.
- How domestic violence impacts cases involving the relocation of children outside of Nevada.
- How to deal with false claims of domestic violence.
- How one may overcome a finding that domestic violence has occurred and still gain joint custody of his children.
If you are involved in a child custody case which involves issues allegations of violence then you should contact a Las Vegas fathers’ rights lawyer immediately.