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When two unmarried individuals are raising a child, it is important to have a plan in place to ensure that the children are getting the support they need. Co-parenting in Nevada is subject to certain laws which co-parents should be aware of.
Co-parenting is a term used when two parents, typically parents who are no longer in a romantic relationship, work together to raise their children. In Nevada, the courts have a responsibility to ensure and protect the best interests of the children involved. As part of this responsibility the courts are tasked with determining and establishing custody and visitation rights for the children of separated parents. Under Nevada laws (NRS § 129C.155), parents who are no longer together have the court-granted authority to make decisions about their children's healthcare, education, and overall well-being, whether they are married, unmarried, or in a Domestic Partnership. Each parent is responsible for making decisions for their individual children, and this responsibility falls on each parent regardless of which one has been granted “custodial rights”.
When the courts grant custody, they have the authority to grant shared parenting responsibility or grant sole physical or legal custody to one parent. This usually happens when one parent is deemed to be underprepared or inadequate in handling the responsibilities of raising a child. As part of determining custody, the court can also decide if the child will reside with one or both parents and have visitation privileges with the other parent. When the courts establish visitation rights and a parent no longer has living or custody under law, they are legally responsible to pay what is known as “support payments”. Additionally, the courts may designate a guardian to take responsibility for the child if neither parent has an adequate home for the child to live in.
If the court order for custody and visitation rights includes an order for a parent to pay child support payments, Nevada law (NRS 425.520) outlines how these payments are determined. Generally, this involves an official estimation of an individual's total income and access to financial resources as well as an assessment of the needs of a child that must be met. The court will take into account any child care costs, medical or health needs, educational expenses, and other necessary requirements that may need to be met in order to ensure the proper care of the child. Moreover, the court can also consider other expenses that have been historically made on behalf of the child to be paid for by the non-custodial parent.
The court's role in establishing custody and visitation rights is to ensure that the best interests of the children involved are met. However, this process can be avoided through the establishment of a co-parenting plan. This can be created and carried out by parents without the need to involve a judge. The plan should include provisions on the ability of each parent to have input on decisions of the child's healthcare, religion, education, and other vital areas. Other provisions should include times and durations of visitation, plans for any overnight stays, and provisions for special occasions and holidays.
Where needed, the process of creating a co-parenting plan may necessitate the use of an independent mediator to help facilitate communication between the involved parties. This can help to minimize resentment and animosity as parents come to terms with the changes brought about in establishing a new way of parenting. When a good mediator is used, the entire process is carried out with a view to helping parents reach an agreement that maintains the best interests of the children. A mediator who specializes in a particular area of law can be particularly beneficial, as this helps to ensure that state and local laws are properly taken into account.
When it comes to co-parenting in Nevada, the courts and the process of establishing legal custodial and visitation rights are there to ensure that the rights of all involved are protected. This applies, not just to the children, but to the rights of both parents, who might otherwise find it difficult to come to an agreement out of court. In taking the time to understand the laws that are in place regarding custodial rights and visitation rights, parental rights, and child support, both parents can have confidence knowing that the decisions they make and the agreements they reach will consider and protect the best interests of their children.
Co-parenting is not a simple task and Nevada law provides guidelines to ensure that the rights of children and both parents are respected and maintained in the co-parenting process. By taking the time to understand state and local laws concerning custody and visitation rights, parental rights, and child support, parents can establish a working co-parenting plan that considers all their legal responsibilities, rights, and best interests of their children. Additionally, bringing in an independent mediator to help communicate and facilitate a consensual agreement can be a great way to ensure that both parents remain engaged and have a deep understanding of their obligations under law. Each state has its own set of regulations and it is important to ensure that you are familiar with your state's rules and regulations when it comes to co-parenting.
Fact Check and Resources
In writing this post, we conducted thorough fact-checking and research, consulting the following sources:
Co-parenting in USA
Co-parenting in Canada
Warning: This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.