Father’s Rights Overview

We Fight for Fathers

Contested divorce article

What are a Father’s Rights in Nevada?

A father has an equal right to request custody of children during a divorce. The Court should only look toward the child’s best interest and the Court must not prefer the mother over the father simply because she is the mother. This perspective is so strong that if the Court does not award joint custody, the Court must explain why.

NRS 125.480, reflects, in part:

  1. In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child.
  2. Preference must not be given to either parent for the sole reason that the parent is the mother or the father of the child.

So How Does A Father Enforce His Rights?

Family Courts usually start from the perspective that joint custody is in the best interests of the children and then look for disqualifying factors i.e., if all is equal between the parents then joint custody is often awarded. The problem is that, some say, there is a historical trend of bias toward a mother and that men are often the subject of false “disqualifying factors” such as abuse or abandonment. Therefore, the lawyer who represents men must be keenly aware of helping the father to avoid positions in which he can be falsely accused of doing something that would result in having a “disqualifying factor” i.e., being accused of abuse or neglect.

Child custody overview

Why is a Lawyer Experienced in Father’s Rights Important to My Case?

Family law is full of traps and pitfalls for the unwary. This is especially true because Family Court has its unique way of processing cases. In addition, each Judge has their own way of doing things. For example, some Judges will refuse to allow one side to speak in a motion hearing if no opposition was filled while others will allow this. Some Judges allow oral motions while others do not. In addition, documents must be written to anticipate problems.

Can’t I Just Use One of Those “Paralegal” Services for Divorce?

Nevada has no certification or licensing for “paralegals.” Anyone can call themselves a “paralegal.” “Paralegals” cannot give legal advice and cannot represent anyone in court. Paralegals who operate under the supervision of an attorney are very valuable but they cannot give legal advice on their own.

What many “independent paralegals” do is provide standard forms that are used for many different people no matter their circumstances. This would be analogous to a hospital clerk operating on a patient. If money is the reason you are considering using a “paralegal,” then be aware that we offer a low price guarantee and payment plans. A paralegal is not a lawyer.

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