One question that is ever present in divorce cases with very young children is whether it is acceptable for infants to have overnight visits away from the primary caregiver. The answer appears to be “yes, but on a stepped-up basis.”
The short answer is yes, children can have a voice, but they will not be given a choice in who they will live with. In other words, the child’s preference can be a factor in the decision, but it won’t be the only factor. But there are rules as to how that takes place.
It is a sad fact that custody battles are frequently waged using stories that just aren’t true. Often, one parent blows small incidents into monumental complaints in order to gain some tactical advantage during the litigation.
Nevada law provides for two types of child custody: (1) Legal Custody and (2) Physical Custody. These aspects of custody work in tandem and describe a parent’s legal duties toward their children and the other parent. But because they are separate legal concepts, and because they offer different benefits and obligations to parents, they are worthy of discussing in some detail.