Henderson Child Custody Attorneys
Making sure you are a part of your child’s life.
When a relationship between parents with minor children ends, whether by divorce or other separation, their children’s needs are paramount. To that end, Nevada requires that both legal custody and physical custody be memorialized in a court order. There are two aspects of custody to be determined:
Legal custody refers to the right of the respective parents to make major life decisions for their minor children, like which school to attend, religious decisions, and which doctors to see.
Physical custody refers to where the children will live and how much time they will spend with each parent.
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.)
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.
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)
To read more about child custody, or to learn about how to modify an existing custody order, read our in-depth blog post here.
Call our Experienced Henderson Child Custody Attorneys today!
Call Nevada Family Law Group for help with child custody matters you may be facing to maximize the role you can play in your children’s lives. (702) 910-4300.