What Are the Best Interest Factors Under NRS 125?
Nevada law determines child custody issues based on the best interest of the child. NRS 125 is the Nevada law that explains which factors are considered when a judge decides what is in the best interest of the child. This law is implemented when ruling on custody cases involving both unmarried parents and divorce, as judges must always rule in a way that is the most beneficial for the child involved in the case. Some factors that are assessed in a judge’s best interest evaluation include:
- Where the child has been living and where the child has had a healthy and dependable environment.
- Where the child will be provided with the best care and supervision.
- The wishes of the child (if the child is old enough).
- Which parent is more likely to allow the parent without custody access to and a relationship with the child.
- The conflict level between the parents.
- The parent’s mental and physical health.
- The child’s physical, developmental, and emotional needs.
- The child’s relationship with each individual parent.
- The capacity in which the child could maintain a relationship with any siblings.
- The parent’s history of child neglect and/or abuse.
- Whether the parent has committed any act of child abduction.
When determining the outcome of a custody case, the best interest factors of NRS 125 also requires judges to not give preference to either parent based on the fact that one is the mother and one is the father. Nevada law always assumes that joint custody is in the best interest of the child unless given reason to believe otherwise and determines physical custody based on the factors listed above.