Child Custody & VisitationChild Custody, Support & Visitation
Legal Custody and Physical Custody are the two types of custody which are considered in Nevada.
Legal custody is the concept of making parenting decisions such as school enrollment, extracurricular activities, religious upbringing and medical needs of the children on a non-emergency basis. In most cases, parents share joint legal custody and are encouraged to confer with one another regarding parenting decisions even after divorce.
Physical custody is where the children spend their time. Physical custody can be joint or primary custody with one parent. In a joint physical custody situation, the parents share roughly equal parenting time with their children. If one parent has primary custody, that parent has the children with him or her more than 60% of the time. Nevada public policy is that both parents remain an active part of the children’s lives, whether the parties are/were married or not.
In Nevada, the Court’s focus in making custody determination is the best interest of the child. Some of the factors the Court will consider in determining the best interest of the child are:
- The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her custody.
- Any nomination by a parent or a guardian for the child.
- Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
- The level of conflict between the parents.
- The ability of the parents to cooperate to meet the needs of the child.
- The mental and physical health of the parents.
- The physical, developmental and emotional needs of the child.
- The nature of the relationship of the child with each parent.
- The ability of the child to maintain a relationship with any sibling.
- Any history of parental abuse or neglect of the child or a sibling of the child.
- Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.
- Whether either parent or any other person seeking custody has committed any act of abduction against the child or any other child.