What do Las Vegas courts understand by the ‘best interests of a child standard’?

Las Vegas, NV – A parent preparing for a custody trial in Nevada will want to learn as much as possible about the crucial hearing that will decide their child’s future. One phrase that crops up in all articles is the ‘best interests of a child standard’? What is that? How does a judge decide what are my child’s best interests? 

This is something you need to discuss with experienced Las Vegas child custody lawyers, but here are a few things that may help you understand how to prove that you getting custody would be in the child’s best interests.

Factors judges use to determine the best interests of a child 

Each case is unique and the judge will ask a lot of questions to decide which of you would make a better parent. Here are a few of the factors they’ll take into consideration.

The child’s age

This is relevant because a toddler needs much more hands-on care than a teenager. With small children, the judge will want to know which of you was the primary caregiver before the divorce. If you can prove that you took care of the children and your ex rarely came home before dinner, that would be a point in your favor. Although the law says both parents have equal rights in a custody dispute, where young children are involved the mother has an advantage over the father. 

Parental abilities

If both of you were involved in the child’s care and education before the divorce, the judge will want to know what will happen after. The judge will ask about your financial situation, your living arrangements, the demands of your job, your willingness to spend as much time as possible with the children, etc. 

Stability

Children need consistency in their lives. Losing a parent is bad enough, so the judge will be reluctant to uproot the children from his environment. If one of the parents moves out, possibly to a different city or another state, such a radical change of scenery could impact the child’s emotional and mental well-being. Also, the judge will want to avoid a situation where the child loses touch with their friends or their extended family.

Safety

You may want to reach out to seasoned Las Vegas divorce lawyers to prove that your child’s safety may be at risk if your ex gets custody. To do that you’ll have to show that your former partner’s current living arrangements are less than ideal. For instance, if the child may be exposed to criminal activity, drug use, pornography, or violence while in the other parent’s care, the child may agree to give you custody.

If your ex ever failed to take proper care of the child and this resulted in injury, your lawyers can submit relevant medical records to the court. Also, if your ex was ever accused of neglect concerning a child from another relationship, you can use that in court. 

The child’s preference

In Nevada, there is no set age at which children can choose which parent they want to live with. It is up to the judge to decide whether to hear what the child has to say, depending on how mature they are. In any case, the judge will look at all the factors involved before granting the child’s wish. 

Keep in mind that you don’t want the judge to think you’ve been coaching the child’s answers. The judge may think you’re trying to alienate the child from the other parent and this is definitely not in a child’s best interests. The current thinking is that a child should have a good ongoing relationship with both parents.