Nevada law presumes that parents should have ample visitation and access with their children to promote a healthy and thriving parent-child relationship. Unfortunately, not all parent-child relationships are healthy. When the parental presumption does not reflect the reality of an unsuitable parent-child relationship, family courts are given the discretion to enter orders that protect the emotional and physical wellbeing of children.
Parental Access and Best Interest
In Nevada, courts decide issues of parental visitation and access based on a child’s best interest. The court can cast a wide net over the types of information it weighs when deciding these important issues. For example, when weighing whether a parent’s access to a child should be restricted, a court may consider some of the following evidence:
- The parent abandoned a child.
- The parent abused or neglected the child.
- The parent committed a violent crime or a crime of a sexual nature.
- The parent has kidnapped the child or another child.
- The parent engaged in domestic violence against the other parent.
- The parent has been declared mentally incompetent or insane.
- The parent has mental health issues that have not been properly addressed.
- The parent is addicted to drugs or alcohol.
Based on evidence proving one of these factors, a court is responsible for ensuring that its orders adequately protect the child. This often comes in the form of order provides for very limited access to the child, including infrequent, supervised visitation. If a relative or friend of the family is not an adequate plan for supervised visitation, there are numerous supervised visitation providers that courts frequently utilize to monitor visits to ensure that the child is safe and the visitation is appropriate.
Modification of Custody Orders
A restriction of parental rights does not have to last forever. If a parent takes the positive steps to improve as parents—like through therapy or rehabilitation—and is appropriate at supervised visitations, a court can always reexamine its orders later. These parenting improvements can demonstrate a substantial change in circumstances justifying a court’s expansion of access and unsupervised visitation.
Let Viloria, Oliphant, Oster & Aman L.L.P. Assist You
Courts take child custody issues very seriously. So do we. At Viloria, Oliphant, Oster & Aman, L.L.P., the safety, and stability of our clients’ children are always at the forefront of our minds. We listen to our clients, provide no-nonsense advice, and make sure that their voices are heard. Our family law attorneys are experienced, effective, and respected. If you need help, contact us today. Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule an appointment or contact our office through our website.