NRS 125C.003 Best interests of child: Primary physical custody; presumptions; child born out of wedlock.

388 words·~2 min read·/nv/chapter-125c-custody-and-visitation/125c-003·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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 .