This is the final post in my “How the Rivero v. Rivero Decision Impacts Fathers Rights” series. This post serves as a wrap-up of my previous discussions and expands on a few of the points that were made.
We covered a number of topics, these topics included:
- How Rivero v. Rivero Impacts the Rights of Las Vegas Fathers
- How Rivero v. Rivero Impacts Nevada Child Support
- How Rivero v. Rivero Impacts Nevada Child Relocation Cases
- How Rivero v. Rivero Impacts the Issue of Domestic Violence
Understanding How Rivero v. Rivero Impacts Joint-Custody
Nevada Family Court’s primary goal is to maintain a joint-custody arrangement. Prior to the Rivero decision, parents needed to maintain custody of the children an equal amount of time. Rivero changed this by implementing the 60/40 rule, which enabled joint-custody to be maintained if either parent had custody of the children at least three days a week. Thus, Rivero changed the way the court viewed child support, child relocation and domestic violence.
Changes To Nevada Family Law Due to the Rivero Decision
If a father has his child with him three days a week and the mother makes more than he does he will not have to pay child support. Even if the mother has the child one more day a week, if she makes more than the father then she will be responsible for paying child support to the father.
Rivero also induced changes concerning relocation of the children. Because of Rivero, it is much easier for a father to oppose relocation of his children. Nevada laws require a more difficult burden of proof when joint-custody is involved. Because of Rivero, the father only has to have custody of the children three days a week making it easier to oppose relocation.
Finally, Rivero effects the issue of domestic violence. Because of Rivero, if a father is found to be guilty of committing domestic violence, he will not even be allowed to maintain joint-custody of his children three days a week, making it much easier for the mother to obtain primary custody with supervised visitation.
Shifting the joint-custody expectations from 50/50 to 60/40 has enabled Nevada fathers a significantly better chance of obtaining joint-custody of their children. If you need help with your child custody matters please contact me and schedule an appointment today.