The Nevada Revised Statutes offer guidelines regarding domestic violence and custody of children:
NRS 125C.230 Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence.
If the court determines after an evidentiary hearing and finding with clear and convincing evidence that either parent of a child or any other person seeking custody of a child has engaged in one or more acts of domestic violence against their child or children, a parent of the child or any other person living with the child, the court will consider the facts of the incident or incidents of domestic violence and ensure that the custody arrangements laid out by the court do indeed protect the best interests of the child.
If after hearing evidence the court determines that more than one party has engaged in domestic violence, it will determine who was the primary aggressor if possible. To determine the primary aggressor, the court will consider: previous acts of domestic violence between parties; severity of injuries inflicted upon anyone during previous domestic violence; the likelihood of future injury; whether or not one of the persons acted in self-defense; and weighing any other factors the court may deem important.
If it is not possible to determine which of the people is the aggressor, the court may rule against both parties in the case. If it is possible, as stated above, the court will work to ensure that the custody arrangements are in the child’s best interests.
A domestic violence situation can be incredibly challenging on many levels, but especially with children involved. You need to ensure that you and your child’s interests are protected to the fullest extent of the law and that you and your children can live in a safe environment. I am an expert in this difficult area of law and will make sure you and especially your children are protected.
Please call me right now to discuss your case, 702-383-0090.
Douglas C. Crawford, Esq.