Going through a divorce is a difficult and emotional experience, but when children are involved, the complexity of the matter increases. This is particularly true when it comes to deciding child custody. In Nevada, child custody laws include a provision called the 30-30 law. Understanding this law is crucial if you’re going through a divorce with children. Here, we’ll discuss the 30-30 law in detail, including what it means and how it can impact your child custody case.
What is the Nevada 30-30 law?
The 30-30 law in Nevada requires that judges grant equal custody to both parents unless there is clear and convincing evidence that doing so would be against the child’s best interest. In other words, judges tend to assume that equal custody is the best option for children in Nevada. However, this doesn’t mean that courts must always divide custody equally. Ultimately, the judge will take into account a variety of factors when making a determination regarding custody, keeping the best interests of the child in mind.
How does the Nevada 30-30 law work in practice?
In practice, the 30-30 law can come into play in a few different ways, depending on the specifics of each case. Assuming both parents are seeking custody, the judge will typically request a child custody evaluation. This evaluation can be completed by a variety of professionals including psychologists, counselors, and social workers. It typically involves interviews with both parents as well as the child or children involved in the case. The evaluator will then make a recommendation to the judge regarding custody.
When deciding on custody, judges in Nevada consider a wide variety of factors, including each parent’s ability to care for the child, the child’s relationship with each parent, and the child’s preferences. Assuming that both parents are equally capable of providing for the child and the child has strong relationships with each parent, the judge will typically grant equal custody unless there is clear and convincing evidence that this is not in the child’s best interest.
What are the benefits of the Nevada 30-30 law?
One of the main benefits of the 30-30 law is that it tends to minimize the amount of time children spend away from each parent. This can be especially important for children who are used to spending significant amounts of time with both parents. Additionally, the law helps to promote cooperation between parents, which can make co-parenting easier and less stressful for everyone involved.
What are the potential issues with the Nevada 30-30 law?
One of the potential drawbacks of the 30-30 law is that it assumes that equal custody is the best option for children in most cases. However, this may not be true in every situation. For example, if one parent has a history of domestic violence or substance abuse, granting equal custody could potentially put the child in harm’s way. Additionally, parents who work incompatible schedules may not be able to make equal custody work.
In conclusion, navigating the Nevada 30-30 law for child custody can be complex, but it’s an important part of the divorce process. By understanding this law and working with an experienced family law attorney, you can ensure that your child’s best interests are protected. Call Richard P. Davies and his legal team at (775) 360-6894 to schedule your free consultation.