Similar to other courts around the country, Nevada courts use a “best interests of the child” standard when deciding custody issues. According to NRS 125C.003, a judge may not find it in the best interest of the child to give custody to someone with a domestic violence conviction.
The Nevada Legislature has recognized the impacts of domestic violence, and the impact that such domestic violence poses to a child's physical, emotional, and mental health. Castle v. Simmons, 120 Nev. 98, 86 P.3d 1042 (2004). Because of the pervasive impact of domestic violence, the Nevada legislature, in 125C.0035(5), has determined that a Court must presume that any domestic violence negatively impacts the best interests of children, and this Court has previously held that "[t]he court must hear all information regarding domestic violence in order to determine the child's best interests" Id. at 1047. Further, in considering a motion to change custody, this Court has specifically indicated that the district court is required to presume that the child's best interests are served by being placed in the care of the non-offending parent. Id. These decisions are on a case-by-case basis, so it’s important that you have an experienced Las Vegas domestic violence attorney in your corner that can fight for you to retain custody of your children.