August 19

Contested Custody


If parents cannot come to an agreement on child custody, then this considered to be “contested custody” and they can seek the court’s help in determining a custody arrangement for their family.  Involving the court should be a last resort as a contested custody litigation can be very long and expensive, however, for some it is truly the only option.  Having an experienced and compassionate attorney by your side can make a contested child custody litigation much more manageable.

Before parents may discuss their custody concerns with a judge in court, they must both go to and actively participate in mandatory mediation.  Most counties in Nevada provide a mediation service free of charge as part of a Family Court Services program, but parents may also hire their own private mediator.

The courts don’t always need to be involved in cases involving custody of a child, but sometimes the parents are not in agreement, or the decision becomes heated and, at times, even belligerent. When parents are unable to make a fair decision, the courts will enter to help the decision to help and protect the child in the process.

Deciding who will receive custody

There are many factors that the courts will consider to determine which parent gets custody. Although some of factors hold more weight than others, the state of Nevada will look at the following to decide where the child’s permanent home should be.

  • If the child is old and mature enough to make a thoughtful decision, the court will take his or her wishes into consideration.
  • Any history of domestic violence a parent may have (against anyone, not just the child)
  • Any history of abuse or neglect for either parent
  • The physical, mental, and emotional wellbeing of either parent
  • The ability for either parent to provide for their child’s wellbeing and health
  • The likelihood for the child to be able to maintain a healthy relationship between both parents

Securing an experienced lawyer

It is critical to seek experienced legal help when you are in the midst of fighting a contested custody battle in the court. The process is long and complicated, and it is important for you to have someone who can help navigate the uncertainty. Not only that, but an experienced lawyer will have the background knowledge to help the court’s determine what’s best for your family. Give us a call today to see if we will be the right fit for you and your family.


If you are in Nevada and would like to contest custody, seek advice from the expert divorce attorneys at Leavitt Family Law, CALL 702-605-0065 or CONTACT US to schedule a Free Consultation today.


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