A court will issue a custody order as a legal document, as stated in NRS 125A.065. It specifies when the child must be with either parent, who has decision-making power over the child, and other matters about parenting the child.
Without a custody agreement, the parent the state considers as the child’s legal parent will usually grant custody. Whether or not the parents are married at the moment of their child’s birth or conception will determine this.
Remember that the laws in your state can be different.
If both of the parents were married
Even without a court ruling, married parents share legal and physical custody over their children.
For children conceived, born, or adopted during a marriage, states immediately recognize the married spouses as their children’s legal parents. If both spouses agree, this may include children conceived through artificial insemination and in-vitro conception in some areas.
While having equal rights might be advantageous, there is some reason to be concerned because either parent has the legal right to take their child out of the state or the nation without the other’s consent. Obtaining a custody order (further below) would prevent a parent from doing this.
If neither parent is married
The state grants unmarried mothers sole legal and physical custody of their children, making her the child’s only recognized legal parent until the state finds otherwise.
The mother may sign an acknowledgment of fatherhood with any potential father or another person if she wants to designate them as a second legal parent. The mother or the purported father may ask for DNA testing in circumstances of ambiguous paternity.
Someone not the child’s biological parent can start a parental case to obtain legal parental status by demonstrating in court that they significantly impact the child’s growth and that designating them as legal parents would serve the child’s best interests.
Its second-named legal parent may be entitled to custody equally in some places. No matter what, you should obtain a custody decree to ensure each parent can share with them in the child’s life.
How to obtain a custody order
The initial step is to complete and submit a petition regarding custody, divorce, or separation at your neighborhood family court. (Custody awarded in separation and divorce cases). You can frequently find these petitions online or in the courts.
To learn more about custody petitions, do refer to NRS 125A.505
If there is a possibility that the other parent may take the child out of the state or nation or otherwise damage them, you can ask for an emergency order even before filing a case. The court can only issue such an order if there is substantial evidence that the child is in danger. Before asking for an emergency order, please read NRS 125A.515 for more detailed information.
You have two options after filing a case: you can settle or allow the judge to make the decision. When you settle with the other parent, you have settled. You’ll create a parenting plan to resolve custody disputes, then submit it to court for consideration. If the conditions of your plan are within the child’s best interests, a court will approve it, making this a final custody order.
You must proceed via your state’s legal system without a settlement. A judge will determine the ultimate court order based on the arguments and facts provided throughout the trial. But this could take weeks or even months.
You can agree on the temporary plan or ask the court to establish one if you want a custody arrangement sooner. The temporary order is in effect until the judge signs the final order.
Are Official Court Orders Required for Child Custody?
A custody order isn’t required if there is goodwill between the two parents. A parent is granted custody rights by signing the child’s birth certificate. Therefore, a court usually only restates already-existing rights. A court must sign an order to be enforceable in the future if it becomes required in the event of a contentious relationship that necessitates a different custody determination.
No specific time frame compels them to request a court order. A parent must request a custody order from the court if they notice indications that the other party may have a mental health condition or even a drug abuse problem.
Once their case has begun in family court, parents may receive temporary orders. Parents may get a temporary court order if they are asking for an urgent release. There may be a final ruling if the court decides that urgent needs must be satisfied. A judge can modify custody agreements if they are not in the child’s best interests.
Who Has Custody of a Child if There is no Court Order?
In Las Vegas, custody orders may not be necessary, and unless it is an emergency, the judge will likely grant joint legal custody. If one parent were detained, for instance, the other parent would require sole legal custody to raise the child separately from the imprisoned parent, and it’s possible with a court order.
What visitation rights do I have if a court order is not in place for my child?
Without a court ruling, visitation rights are nonexistent, and both parents are entitled to equal time with the child. According to the child’s best interests, the law expects the parents to cooperate in raising the child.
If one parent withholds a child from another parent without a court order, there is no method to impose visitation. Parents must bring an enforcement action with a court order, and they cannot enforce an unofficial agreement between both parents through enforcement action.
Many families obtain a court order to establish clear guidelines that each parent must abide by due to the possible issues. See more information on visiting and possession orders.
Note: Without court orders, only the legal parent has the rights to a child. It can be trickier to identify the legal father of the child than its legal mother. Legal paternity could be established by filing an admission of paternity, court order, or presumption (where the father and mother are married).
What happens to child support if there isn’t any court order?
When there isn’t a court order, child support, similar to visitation, has no set guidelines about the amount or frequency of payment. Even if the parties have agreed on the amount, enforcing a casual child support arrangement is impossible.
However, if one parent does not provide child support(and does not reside with the child), the other parent may subsequently ask a judge to force that parent to pay “retroactive” child support. Both parents are protected by having a court order regarding child support and paying it through the State Disbursement Unit since it can provide a method for enforcement and an official record of payments made in the event of a disagreement.
What does it mean for a parent to protect their child?
Because it is their responsibility to do so, parents must take precautions to keep their kids safe. While parents must never emotionally, physically, or sexually abuse their children, they also have a responsibility to ensure that their children are supervised correctly in their maturity, age, and any special requirements.
If a parent places their child in a risky environment (or fails to take them from such an unsafe situation) and the child suffers harm or is hurt, the parent is not being protective. For instance, a parent that continues to reside with a partner who physically abuses the parent or even the child or a parent that leaves their toddler to someone who is intoxicated and unable to watch the child.
If a parent fails to protect their child, the CPS may become involved, and the court may consider the parent’s failure to protect the child. In the worst-case scenario, the court may terminate the parent’s rights to their child.
When a parent learns that their child was hurt, they are usually needed to protect the child and act immediately to avert further harm. It may involve removing the child from the situation and notifying the appropriate parties, including the police, CPS, or the court, about the situation.
If there isn’t a court order, do both parents have to pay child support?
Regardless of whether a court has issued a custody order, a parent usually only contributes to child support if one is requested. It is uncommon for there to be no temporary order or a temporary agreement when a couple file for divorce and there isn’t any order for child support. When spouses divorce, one of the primary issues that require resolution is providing support to their children so that everyone knows their responsibilities and obligations. If a spouse neglects their duties to the child, a petition may be filed against them, infuriating the opposing party. Countering this can be expensive.
The divorcing mothers and fathers should pay in some form for voluntary child support. A lawyer can offer a guideline figure to ensure a smooth process and prevent contentious litigation.
Is a Court Order for Child Custody Beneficial?
Going to court to obtain an official order could make things worse if both parties get along and care for their children. A court injunction is advantageous if they’re having trouble agreeing.
If the parties aren’t even married, the family court will be involved in making this judgment. If the parties are married, they apply for relief from their custody agreement to the state Supreme Court. Everyone is aware of their duties and rights, which helps outline the ultimate order’s future course. The parties may have resolved the custody dispute and will operate under the temporary order’s guidelines. The custody arrangement will no longer be a distraction as the parents negotiate the remaining terms of their divorce.
For a better understanding of the court order, consider reading NRS 125C.0045
How a Lawyer Could Help
Someone could seek assistance from an attorney to negotiate with the attorneys for the other party to reach a settlement and draft a settlement filed with a petition. It spares parents from appearing in court or involving their children in the legal procedure. If a custody dispute arises in Nevada, the state will appoint an attorney for the children. Both parents should appreciate the importance of establishing a custody arrangement quickly to avoid making things more difficult for everyone later.
Consult an attorney in Las Vegas about child custody without the need for a court order
Having court-approved arrangements in place can have certain benefits, even though it is not necessary to determine child custody. Under challenging circumstances, it might be prudent to act in this way. Call us immediately to determine if you can maintain child custody in Las Vegas without a court order.