Nevada Custody and Visitation Law
Custody and Visitation for Gay, Lesbian and Bisexual Parents
There are no published cases dealing with gay, lesbian or bisexual parents. State law, however, does not seem to permit the consideration of factors that do not affect the best interests of the child to be used in custody and visitation determinations.
Nevada law states: “In determining custody of a minor child in an action brought under this chapter, the sole consideration of the court is the best interest of the child. If it appears to the court that joint custody would be in the best interest of the child, the court may grant custody to the parties jointly. … The court shall award custody in the following order of preference, unless in a particular case the best interest of the child requires otherwise: to both parents jointly … or to either parent. If the court does not enter an order awarding joint custody of a child after either parent has applied for joint custody, the court shall state in its decision the reason for its denial of the parent’s application. When awarding custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child to have frequent associations and a continuing relationship with the non-custodial parent. …
“The party seeking such an order shall submit to the jurisdiction of the court for the purposes of this subsection. The court may make such an order upon the application of one of the parties or the legal guardian of the minor. Any order for joint custody may be modified or terminated by the court upon the petition of one or both parents or on the court’s own motion if it is shown that the best interest of the child requires the modification or termination. The court shall state in its decision the reasons for the order of modification or termination if either parent opposes it.”
Custody and Visitation for Transgender Parents
Nevada courts have used a parent’s gender identity or expression to deny, restrict or modify custody and visitation.
In a 1986 case, Daly v. Daly, the mother was granted custody and the father was granted visitation. During one of the visitation sessions, the father revealed to his daughter that he was a transsexual and would undergo sex-reassignment surgery. He asked that she not tell her mother. When the daughter returned home, she was withdrawn and demonstrated other behavior not typical for her. She told her mother about her father’s plans. At this time, the daughter was taken to a psychologist who advised that it was very dangerous to allow the daughter to be in the company of the father again. The mother petitioned to get the father’s parental rights terminated. The court terminated the father’s rights. The father, now known as Suzanne, appealed. The state Supreme Court agreed with the termination, stating: “If visitation were permitted, there would be a risk of serious maladjustment, mental or emotional injury.” The court went on, “In sum, the record discloses that appellant [Suzanne] has paid no support for over a year, and what little communication there was during this time may be appropriately described as ‘token.’ Moreover, the court concluded that termination of appellant’s parental rights would be in [the daughter’s] best interests.”
The state Supreme Court revisited the issue of terminating parental rights in 2000. In that case, In Re The Matter of Termination of Parental Rights As To N.J., the court ruled that the best-interest-of-the-child standard must come before the finding of parental fault: thus, the district court must consider both the best interests of the child and parental fault.
Custody and Visitation for Same-Sex Co-Parents
There are no reported or published opinions dealing with same-sex co-parents.
Citations: Nev. Rev. Stat. 125.480; Daly v. Daly, 715 P.2d 56 (Nev. 1986); In Re The Matter of Termination of Parental Rights As To N.J., 8 P.3d 126 (Nev. 2000).
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Last Updated: 10/13/2004