This is the next post in my series on “How the Rivero v. Rivero Decision Impacts Fathers Rights.” I’ve previously discussed how Rivero impacts child relocation in Nevada. Today I will discuss the impact Rivero makes on family law cases involving domestic violence.
How domestic violence impacted Nevada child custody prior to the Rivero decision
Before Rivero, joint custody meant that parents would share the children 50/50. One of the determining factors of child custody is whether or not a parent has committed domestic violence against the other; Nevada law states that a parent is unlikely to receive joint custody if they have committed acts of domestic violence against the other parent. Before the decision of Rivero was made, if the Court found that domestic violence had occurred then the parent committing the violence was unlikely to receive their children fifty percent (the pre-Rivero definition of joint custody) of the time.
How domestic violence impacts Nevada child custody after the Rivero decision
Rivero introduced the 60/40 rule, if a parent receives at least 40 percent of the time with their child then custody is considered joint. As I stated above, if a Nevada parent is found to have committed domestic violence against the other then the Court is unlikely to grant that parent joint child custody. This means that, under Rivero, if the Court finds that domestic violence has occurred then the party that committed said violence will lose their chance to gain custody even forty percent of the time.
Since the allegations of domestic violence are such a strong factor in child custody matters, it is not uncommon for parties involved in a child custody battle to falsely accuse the opposing party of committing domestic violence. If you are a father that has been accused of domestic violence, I strongly suggest that you contact me today to schedule an appointment.