Periodically, after a custody order has been set in a Divorce Decree, circumstances occur that lead one party to seek a change in custody.  Generally, courts realize that stability in a child’s life is paramount and accordingly, the courts do not like to re-litigate a matter that has already been decided.  Therefore, stringent standards have been imposed when one party seeks to have custody changed.  Change of custody from from primary to primary (ie. Wife has primary and husband now wants primary) requires that:

1. There has been a substantial change in circumstances affecting the welfare of the child; and
2. The modification of custody would serve the child’s best interest.

If the change, however, is from joint to primary, the standard is whether the modification of custody would serve the child’s best interest.

Each case, obviously, is different and unique.  But factors that may justify a change in custody include significant deterioration by the child in school performance, drug and/or alcohol abuse by the custodial, change in the custodial parent’s work schedule, and abuse by the step-parent and step-sibling upon the child.

The attorneys at Lin & Associates (702-DIVORCE) are ready to ensure that your rights under Nevada law are fully protected.