Henderson Child Custody Lawyers

Understanding Child Custody Law

In the State of Nevada, the legal presumption is always in favor of the parents having joint custody of the children. There are two different types of custody under Nevada law, and both types must be considered when a couple divorces. There is physical custody and legal custody.

Physical custody refers to actual physical possession (for lack of a better word) of the child or children. In other words, if the child is at mom’s house, mom is said to have physical custody of the child as the child is under mom’s supervision and is her responsibility.

Legal custody refers to who has the decision-making power over important aspects of the child’s upbringing. This custody can be solely the domain of one parent, but most often is shared by both. This decision-making responsibility extends to questions like where the child will attend school, what medical treatments they will receive, and what church or religion they will be raised in, among other things.

Physical and legal custody are two separate issues, and as such, can be awarded unevenly. For instance, a parent may be awarded primary physical custody because the child’s best interests are served by that parent having the child at home 70 or 80% of the time. But, while the mom has primary physical custody of the child, the parents will very likely share joint legal custody. In a joint legal custody situation, both parents have the right to be part of the decision-making process on important matters – though the child may spend more time at one parent’s residence than the other. For example, the child may be living at one home during the school week and with the other parent on weekends. Or the child may be living with one parent during the school year and the other parent during the summer. This would give primary physical custody to one parent while maintaining joint legal custody so that both parents are equally involved in decision-making.

Though extremely rare, a couple or judge may decide that it is in the child’s best interest for parents to have joint physical custody – where the child is in each parent’s physical presence for at least 40% of the time – but only one parent has legal custody or decision making power. There are a number of scenarios that families decide upon, depending upon their particular circumstances and which arrangements will best serve the child.

Given the preference for both parents to be involved in their children’s lives, the vast majority of cases filed result in the parties sharing joint legal and physical custody of their children. In those situations, the parents seek to divide the time with the children as evenly as possible, though one parent may still have slightly more custodial time than the other. And of course, with joint legal and physical custody, both parents retain an equal say in important decision-making matters.

A growing trend, however, is for the parties to have joint legal and physical custody of their children. In those situations, the parents seek to divide the time with the children as evenly as possible, though one parent may still have primary physical custody. Speak with our Henderson child custody attorneys to know more.