NRS 125C.003
Best interests of child: Primary physical custody
- presumptions
- child born out of wedlock.
1.
A court may award primary physical custody to a parent if the court determines that joint physical custody is not in the best interest of a child. An award of joint physical custody is presumed not to be in the best interest of the child if:(a)
The court determines by substantial evidence that a parent is unable to adequately care for a minor child for at least 146 days of the year;(b)
A child is born out of wedlock and the provisions of subsection 2 are applicable; or(c)
Except as otherwise provided in subsection 6 of NRS 125C.0035 or NRS 125C.210, there has been a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that a parent has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child. The presumption created by this paragraph is a rebuttable presumption.2.
A court may award primary physical custody of a child born out of wedlock to:(a)
The mother of the child if:(1)
The mother has not married the father of the child;(2)
A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered; and(3)
The father of the child:(b)
The father of the child if:(1)
The mother has abandoned the child; and(2)
The father has provided sole care and custody of the child in her absence.3.
As used in this section:(a)
“Abandoned” means that a mother or father has:(1)
Failed, for a continuous period of not less than 6 months, to provide substantial personal and economic support to the child; or(2)
Knowingly declined, for a continuous period of not less than 6 months, to have any meaningful relationship with the child.(b)
“Expedited process” has the meaning ascribed to it in NRS 126.161.
Source:
Section 125C.003 — Best interests of child: Primary physical custody; presumptions; child born out of wedlock., https://www.leg.state.nv.us/NRS/NRS-125C.html#NRS125CSec003.