Child custody issues are involved in many cases at Family Court. These cases can be wrought with emotion. The Court addresses paternity, child custody, visitation, child support, relocation, and other child-related matters when parents file a case in Family Court. With a compassionate, experienced attorney on your side your rights, and those of your child, will be protected. Contact us at (702) 776-7179 or schedule a consultation.
Physical child custody refers to the physical living arrangement between parent and child. If a child physically resides with a parent more than 60 percent of the time, that parent has primary physical custody.
If the child resides with each parent at least 40 percent of the time the parents share joint physical custody of the child.
Sole physical custody is when a child lives with one parent and that parent has control of visitation with the other parent.
Legal custody refers to the right of a parent to make important decisions about a child’s upbringing. These decisions can include:
Child custody in Nevada is determined in one of two ways:
When the case begins the Court will presume joint custody is in the best interest of the child if:
When parents do not agree on custody, they must attend mediation in an attempt to agree on custody arrangements. If the parents cannot agree, the judge will determine custody.
Child custody is decided by attempting to determine what is in child’s best interest.
Some of the main considerations in determining what is in the child’s best interest are:
Judges may not inherently favor a mother over a father when making a custody determination. The best interests of the child are the only thing that matters. If it is in the child’s best interests, the Court may grant physical custody to one parent or to the parties jointly. Once a judge has made the determination, it is binding on the parents.
A judge may grant visitation rights to a parent who does not have custody.
Nevada also provides for Grandparent Rights.
If the circumstances of one parent has changed, such as losing a job, the child has new special needs, if one parent wishes to move out of state, or if a parent is not following the court order, child custody orders may be modified by the court.
If parent chooses to move out of Nevada with the child, they must reach an agreement with the other parent or seek court approval to relocate. Common elements in relocation are:
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