Domestic violence has devastating effects on you and your family. It can affect your job, reputation, and personal life. Domestic violence also has an effect when it comes to child custody decisions.
Domestic violence has a significant effect on custody hearings in Nevada. It is possible that you can lose custody of your children with a domestic violence charge, especially if it’s a physical violence crime.
If you are facing domestic violence charges and have children, you need to seek the help of an attorney. The team at Rosenblum Allen Law Firm can help you navigate the legal process and help you keep your kids.
What follows is a brief explanation of the effects of domestic violence on custody in Nevada.
How Does Nevada Law Define Domestic Violence?
Domestic violence is any type of violence that occurs in the home. This can include physical, emotional, verbal, and sexual abuse. It can also include stalking or attempting to manipulate someone for personal gain. Domestic violence can also involve cyberstalking or online harassment.
Domestic violence is not only between spouses. It can include anyone living in the home. This includes children. Domestic violence is categorized as assault and battery under Nevada law.
Domestic Abuse and Child Custody
Custody takes two primary forms: legal and physical. Legal custody means the parent has a say in the child’s health and education. Physical custody pertains to where the child lives and care of basic needs like food and shelter.
The law takes domestic abuse into account when determining child custody. The judge will consider several factors to determine what is in the child’s best interest.
Two factors that are directly tied to domestic violence are:
- A history of parental neglect of the child or siblings
- If either parent has committed domestic violence on anyone living in the home.
The judge will examine the evidence to determine if domestic violence occurred. This is called an “evidentiary hearing.” No jury is involved in this hearing, as the judge only looks at the evidence. They will then determine if domestic violence occurred.
The accused parent will likely not get custody or will have limited custody. The judge may decide it is not in the child’s best interest to be around their abuser.
The judge will provide a written order with an explanation of their decision. The judge’s main priority will be protecting the child, victim’s parent, or other abuse victims.
Impact on Visitation
In routine custody decisions, each parent is awarded visitation rights. These rights differ with each case and family dynamic. When there are accusations of domestic violence, it can significantly affect visitation.
The court might order:
- A ban on overnight visitation
- Supervised visitation, with all costs paid by the abuser
- The abusive parent must complete certain classes. This includes anger management, parenting classes, and domestic violence classes. If applicable, they may need to attend drug and alcohol counseling. They may also have to attend therapy
- Visitations occur in a safe, neutral location such as a fire department or police station.
- Prohibiting the use of drugs or alcohol before or during visitation
- Any other conditions that ensure everyone’s safety
If the judge places any restrictions on visitation, you must follow the judge’s orders. There is the possibility that some limits can be lifted at a later date.
Termination of Parental Rights
Ideally, the court wants both parents involved in their child’s life. The abusing parent may regain or keep rights if they follow specific guidelines.
However, in some extreme cases, a parent can receive a termination of parental rights (TPR). There are several situations in which a parent can lose their parental rights.
These include:
- Abandonment
- Neglect
- Become unfit to provide care
- Caused severe physical, mental, or emotional abuse
- Judges only use TPR in the most extreme cases. Such rulings are permanent. This means that if a TPR order is issued, you will not be able to regain your parental rights.
Legal Assistance
You need to seek an attorney if you are in a custody dispute where domestic violence is a factor. They will be able to defend your case and help you keep the physical custody of your children. They may be able to work out a deal where you can regain rights if your parental rights are limited.
Our legal team is skilled in domestic violence and family court cases. They can help you choose the right course of action. You have rights as a parent, and they will help you to keep those rights.
Further Reading
Here are the additional posts that can provide valuable information to readers:
“Do You Have Child Custody Questions?” – This post offers general information and addresses common questions that individuals may have regarding child custody.
“Top 5 Myths About Father’s Rights In Child Custody Cases” – This post dispels common misconceptions surrounding father’s rights in child custody cases, providing accurate information and clarifying any misunderstandings.
“Grandparent Rights: Guardianship, Visitation, Custody, and Adoption” – This post explores the rights and legal options available to grandparents regarding guardianship, visitation, custody, and adoption of their grandchildren.
“Child Custody Attorney” – This post emphasizes the importance of hiring a child custody attorney and discusses the valuable role they play in navigating the complexities of custody cases.
“5 Things Fathers Should Know About Child Custody” – This post specifically addresses fathers and provides them with essential information they should be aware of when dealing with child custody matters.
“Unmarried Parents? Win Your Custody Battle Now!” – This post offers guidance and strategies for unmarried parents involved in custody battles, empowering them to navigate the legal process effectively.
“Avoid These Mistakes to Keep Custody” – This post highlights common mistakes that individuals should avoid to maintain custody of their children and provides insights on how to safeguard their rights.
“Grandparents Rights in Nevada” – This post focuses on the rights of grandparents in Nevada and provides information on how they can pursue visitation or custody rights for their grandchildren.
“103 Things Mothers Should Know About Child Custody in Nevada” – This comprehensive post provides mothers in Nevada with 103 key things they should be aware of regarding child custody, helping them understand the relevant legal aspects.
“What are the 5 Types of Custody?” – This post explains the different types of custody arrangements that may be considered in child custody cases, offering readers a clear understanding of the available options.
“Understanding Domestic Violence in Nevada” – Learn about the definition and implications of domestic violence in Nevada, including its various forms and legal considerations.
“Restoring Gun Rights After Domestic Violence” – Discover the process and requirements for regaining your gun rights following a domestic violence incident in Nevada.
“Domestic Violence Defense Lawyers” – Find out why it’s crucial to seek the assistance of defense lawyers specializing in domestic violence cases to protect your rights and build a strong defense.
“Domestic Violence Plea Bargain in Nevada: Get the Facts” – Gain insight into the important facts and considerations related to plea bargains in domestic violence cases in Nevada, including potential outcomes and implications.
- “Nevada Restraining Order” – Understand the process of obtaining a restraining order in Nevada, including the necessary steps, available types of orders, and the legal protections they offer.
“Fight Domestic Violence Charges: Insider Tips To Win Now [Updated 2023]” – Access insider tips and strategies to effectively fight domestic violence charges, providing you with updated information for 2023.
- “Basics Of Las Vegas Restraining Orders” – Familiarize yourself with the fundamental aspects of obtaining restraining orders in Las Vegas, including essential information and the processes involved.
- “What are the Chances of Beating a Domestic Violence Charge in Nevada?” – Explore the factors that can influence the likelihood of successfully contesting a domestic violence charge in Nevada, emphasizing the importance of legal representation in these cases.
These posts aim to provide helpful insights and guidance to readers who may be facing child custody challenges or domestic violence charges.
What's Next?
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