Father and child holding handsThis is the next post in my series on how Las Vegas fathers can make a case for primary child custody. My last article provided an overview of topics which this series will be addressing. It also stressed the need to contact an attorney as soon as possible if you are in a dispute involving your son or daughter. It is important to contact counsel sooner, rather than later, in order to ensure that your rights remain fully protected. In this article I will discuss an important point – the fact that the Court will base its custody decisions on objective evidence and not on mere accusations. If you or a loved one need assistance then contact my office today to speak with a lawyer.

Las Vegas fathers can gain primary custody if it is in the best interests of the child

The Court will begin each case with the presumption that custody should be “joint,” meaning that each parent should have the child for at least forty percent of the time. The Clark County Family Court will award primary custody to a Las Vegas father if doing so is in the best interests of the child. When deciding what is in the child’s best interests, the Court will consider factors such as the needs of the child, the ability of each parent to meet those needs, the source of any conflict between the parents, any history of violence between the parents, as well as other factors.

When considering what is in the child’s best interests, the Court will concern itself with objective evidence. If, for example, the mother claims that the father is an alcoholic, the Court will look to objective proof of such addiction. This proof can include a history of DUI arrests, citations for public drunkeness, financial records which show the excessive buying of alcohol, and other such information. The types of information which the Court will be interested in will depend on the allegations in the case.

Las Vegas fathers should not base custody claims on unfounded allegations

As stated above, the Court will concern itself with facts which can be objectively proven. Typically, a Judge will not be concerned with unfounded allegations. If a mother claims that a father is an alcoholic (staying with the example from above), but there is no proof of such conduct, then the Court is unlikely to believe the claims. If the allegations are outrageous enough then the Court may view the claims as an attempt to frustrate the accused parent’s time with the child. Such an effort at frustration may weigh in favor of the accused parent when the Court is making its decision. This is why parents should bring a claim if they are confident that they can prove their allegations.

If you are a dad who wishes to gain primary custody then contact my office today to speak with a Las Vegas fathers’ rights lawyer. I devote my practice to domestic relations law and I am ready to assist you. Call today to speak with an attorney.