It is the policy of the state of Nevada "to ensure that minor children have frequent associations and a continuing relationship with both parents after the parents have ended their relationship, become separated or dissolved their marriage."  (See NRS 125C.001) Nevada courts decide child custody based on the best interests of the child. Judges may consider each parent’s relationship with the child, the child’s needs, the level of conflict between the parents, the ability of the parents to cooperate, any history of domestic violence or abuse, and other legally relevant factors. If you are facing a custody dispute in Henderson or Las Vegas, your strategy should focus on the child’s stability, safety, and long-term well-being.

Legal custody can be “joint” or “sole.” Most of the time, parents share decision-making responsibilities equally in a joint-legal-custody arrangement. Sole legal custody means one parent has the ability to make decisions on the child’s behalf on their own. This typically occurs only when a parent lacks the capacity to adequately protect and care for a child, or they are so far removed so as to be unable to do so.

Physical custody can be “joint” or “primary.”  Joint physical custody occurs when parents have essentially equal parenting time and responsibilities. Primary physical custody means the children will live primarily with one parent, and the other will typically have rights to visitation. In Nevada, joint physical custody is preferred based upon the idea that, when both parents are similarly capable, children do best when they maintain a meaningful relationship with both parents.

Yes. In most cases, parents reach agreement regarding legal and physical custody of their children without a costly trial.  In cases where an agreement cannot be reached, or where a parent wishes to relocate with the children, a court will decide for them, taking into account the best interests of the children. Factors a court considers in determining the best interests of a child include the nature of the child’s relationship with each parent; the physical, developmental, and emotional needs of the child; the level of conflict between the parents; and several other factors. (See NRS 125C.0035(4).) In some cases, the wishes of the child are also considered.  (read about the wishes of the children here)

Yes, custody orders can be modified when there has been a meaningful change in circumstances and the requested change is in the child’s best interests. Common reasons include changes in a parent’s work schedule, relocation concerns, school issues, safety concerns, or one parent failing to follow the existing order. If your current order no longer works, speak with a Henderson child custody attorney before making changes on your own.

To read more about child custody, or to learn about how to modify an existing custody order, read our in-depth blog post here.

You should strongly consider hiring a custody lawyer if the other parent is limiting your time, threatening to move, making false accusations, refusing to cooperate, or pushing for a schedule that does not work for your child. Custody cases are not just about “winning.” They are about creating a stable, enforceable plan that protects your role in your child’s life. Nevada Family Law Group helps parents in Henderson, Las Vegas, and Clark County navigate these issues.