While most child custody battles can be difficult for parents and children, some families face additional challenges with child custody when domestic violence (DV) allegations are involved. If a parent is accused of domestic violence, the outcome can directly impact their rights to see their child if they are ultimately convicted of domestic violence. It can also create long-term family trauma and prevent parent-child connections from forming.

However, the court will always consider the child’s best interest before making a decision. Our Las Vegas domestic violence lawyers explain how a domestic violence charge can affect child custody and how an experienced domestic violence attorney can help.

What Acts Can Lead to Domestic Violence Accusations in Las Vegas?

Before discussing child custody issues that can arise from domestic violence accusations, it is important to understand what domestic violence is and what behaviors can lead to DV charges. Under Nevada law, the following acts could constitute domestic violence:

• Battery
• Assault
• Coercion
• Sexual assault
• False imprisonment
• Pandering

Additionally, conduct that is knowingly, purposefully, or recklessly intended to harass another person may be considered domestic violence. This includes:

• Stalking
• Arson
• Trespassing
• Larceny
• Destruction of private property
• Carrying a concealed weapon without a permit
• Injuring or killing an animal
• Burglary
• An invasion of the home

Although any accusation of these acts can seriously impact your life, it can be even more significant when child custody is involved.

RELATED: What To Do If You Are Falsely Accused of Domestic Violence

Nevada Child Custody Explained

In Nevada, parents can file a court action for custody of their children. If the parents are married, custody is decided during the divorce, annulment, or separation process. When parents are not married, they can either file for custody together or one parent can file a complaint for custody.

If neither parent files a court order, both parents will automatically have joint legal and physical custody of the child. The only way this can change is if a court orders differently or a parent files a court action for child custody.

Types of Custody and Visitation in Las Vegas

There are different kinds of child custody and visitation rights in Las Vegas. Depending on your situation and what the judge awards, these are the custody types.

Legal Custody

Legal custody of a child gives the awarded individual the right to make major decisions that can affect the child, including healthcare, education, and religious choices. A person with legal custody can also access legal records and documents. Legal custody can be either:

• Joint legal custody: If parents have joint legal custody, they make all significant decisions about their child together.
• Sole legal custody: A parent who is given sole legal custody of their child can make major decisions alone without needing to consult the other parent.

Physical Custody

Physical custody of a child refers to the amount of time each parent can spend with the child. The two types of physical custody include:

• Joint physical custody: Under joint physical custody, each parent will be with the child at least 40 percent of the time.
• Primary physical custody: If a parent has primary physical custody, they will have the child for the majority of the time, which is typically more than 60 percent of the year.

What is Nevada’s “Best Interest of the Child” Standard?

When determining custody, the court only considers the best interest of the child. Generally, the court wants to grant joint custody and allow both parents to have a relationship with the child. However, the court will weigh several factors before reaching a decision, including:

• If the child is old enough, the wishes of the child
• If a parent nominates a guardian
• Which parent is more likely to allow the child to have a relationship with the other parent
• The extent of the conflict between the parents
• The parents’ ability to cooperate to meet the child’s needs
• The type of relationship the child has with each parent
• The ability of the child to maintain sibling relationships
• Any history of parental abuse or neglect of the child or the child’s siblings
• Whether the parents have engaged in domestic violence against the child, the other parent, or any other person living with the child

How Does the Court Weigh Domestic Violence When Determining Child Custody?

If a parent is accused of domestic violence, it could affect the court’s decision on what is in the best interest of the child. The judge will not put the child in a situation in which they could be harmed. When a parent has a domestic violence conviction, the court will look at:

• How frequently the abuse happened
• How the abuse impacted the child or the victim
• The severity and nature of the domestic violence
• If a protective measure is involved

RELATED: How Long Does a Domestic Violence Restraining Order Stay on Your Record?

Child Custody Outcomes After Domestic Violence

Even if you are charged with domestic violence, it does not automatically mean you will lose the ability to see your child. The judge will consider several factors when deciding what is best for the child. If DV is involved, there are multiple outcomes in child custody cases, including:

• Sole custody: The court may give the other parent custody of the child.
• Supervised visitations: If the judge decides it is in the best interest of the child to stay connected with both parents, the court may order supervised visitation.
• Restraining orders: In some cases, the court will issue a protective order to limit the parent’s ability to see the child.
• Parental rights termination: If the domestic violence is recurring or severe in nature, the court may decide to terminate parental rights.

Every domestic violence case is unique, especially when child custody is involved. The judge will look at the evidence and facts involved to determine the safest situation for the child. Working with an experienced domestic violence attorney can help you protect your rights, prevent a domestic violence conviction against you, and ensure you are treated fairly by the courts.

Work With a Domestic Violence Attorney in Las Vegas

A domestic violence accusation can potentially turn your family life upside down if you are ultimately convicted of domestic violence, affecting your child custody rights and ability to see your children. If you are facing a domestic violence charge, contact Domestic Violence Lawyers of Las Vegas to schedule a free and confidential consultation. We can discuss your rights, legal options, and how we can help with your DV defense.