1. A court may award primary physical custody to a parent if the court determines that joint physical custody is not in the best interest of a child. An award of joint physical custody is presumed not to be in the best interest of the child if:
(a) The court determines by substantial evidence that a parent is unable to adequately care for a minor child for at least 146 days of the year;
(b) A child is born out of wedlock and the provisions of subsection 2 are applicable; or
(c) Except as otherwise provided in subsection 6 of NRS 125C.0035 or NRS 125C.210, there has been a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that a parent has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child. The presumption created by this paragraph is a rebuttable presumption.
2. A court may award primary physical custody of a child born out of wedlock to:
(a) The mother of the child if:
(1) The mother has not married the father of the child;
(2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered; and
(3) The father of the child:
(I) Is not subject to any presumption of paternity under NRS 126.051;
(II) Has never acknowledged paternity pursuant to NRS 126.053; or
(III) Has had actual knowledge of his paternity but has abandoned the child.
(b) The father of the child if:
(1) The mother has abandoned the child; and
(2) The father has provided sole care and custody of the child in her absence.
3. As used in this section:
(a) “Abandoned” means that a mother or father has:
(1) Failed, for a continuous period of not less than 6 months, to provide substantial personal and economic support to the child; or
(2) Knowingly declined, for a continuous period of not less than 6 months, to have any meaningful relationship with the child.
(b) “Expedited process” has the meaning ascribed to it in NRS 126.161.
(Added to NRS by 2015, 2582)
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.