Family Law:
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The sole consideration of the Court to determine custody is the best interest of the child. See Nevada Revised Statute 125.480(1). Historically, Courts always granted custody to the mother using the maternal preference doctrine. However, Nevada has rejected the maternal preference doctrine and as a matter of law, preference may not be given to either parent for the sole reasons that the parent is the mother or the father of the child. See Nevada Revised Statute 125.480(2). In determining custody the Court can award custody to both parents jointly or to either parent. When awarding custody to either parent among the factors the Court must consider which parent is more likely to allow the child to have frequent associations and a continuing relationship with the non-custodial parent. However, there is a rebuttable presumption that the perpetrator of domestic violence should not be awarded primary physical custody and/or joint physical custody of the child. See Nevada Revised Statute 125.480(5). Custody is a complicated issue, there are numerous other factors that can affect custody, these include but are not limited to, drug abuse and/or sexual crimes. |
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