Adultery and Child Custody - Is the screwing you're getting worth the screwing you're going to get

Until 1980 in Arnold v Arnold, the Courts in Nevada held under the Peavy v Peavy case that the Court would view the mother as a preference for custody. The rule behind this was the "tender years doctrine" that the Court felt that a motherly influence was required for children who were in their "tender years". In 1980, the Court specifically overruled that theory and exchanged it for a "best interests of the child standard". As a parent going through a divorce, one of the most stressful factor is the battle over child custody.
Nevada is a "no fault" divorce state which means that you don't state why you are getting divorced or who is to "blame". If you are divorced in Nevada it is because you simply have "irreconcilable differences" or in English, you just don't get along.
So when does adultery make a difference? As the Court said, "one may be a bad wife, but a good mother, and adultery is many times considered, because of facts involved, a most serious offense against a spouse and not as serious an offense against children." In several reported cases in Nevada, the Courts have taken into consideration whether a parent is representing "good morals" to their children or whether the parent is "cohabitating" with someone who isn't their spouse as a factor in child custody. The basic rule of thumb is, don't give your ex-spouse anything to talk about when you are still fighting for child custody. The case law in Nevada is riddled with drug abuse allegations, drug use, alcohol use, sexual orientation, sexual partners (before and after marriage), etc. It is fighting dirty but when you have a Judge making the decision of who gets your kids, that Judge is a human being who has his/her own personal life to draw from and therefore, their morals and values make up that judgment. The discretion is with the Judge as to who would make the better parent "in the best interests of the child".
During custody proceedings, you should always be on your best behavior and have someone to verify it. For more information, please contact me at stephanie@nevadafamilylawsource.com or 702-435-4175 for an appointment. www.nevadafamilylawsource.com