Understanding Child Custody in Nevada
In Nevada, two types of custody have been established under law:
- Physical custody that provides where the child will reside and
- Legal custody that gives a parent legal authority to make important decisions on behalf of the child, particularly in medical and educational matters.
Child custody issues can arise in many ways. During divorce, parents must decide what type of custodial arrangement makes sense for their child now that the parents will no longer reside together. Similarly, with unmarried parents who separate, a parenting plan must be established that both parents can rely upon as co-parents.
In Nevada, most parents are awarded joint legal custody of their child. Courts also prefer that parents share joint physical custody of their child based on the belief that it is in a child’s best interests to maintain a frequent, continuing, and meaningful relationship with both parents. In some cases, however, one parent could be awarded primary physical custody of the child after the court carefully considers the best interests of a child. This may include primary legal custody as well.
Nevada's Approach to 50/50 Custody
According to Nevada state law, unless one parent is proven unfit, the parents will share "Joint Legal Custody" over their children. This law means both parents will partake in the primary life decisions regarding the children's lives.
Factors Courts Consider in Custody Decisions
Under Nevada law, the fundamental consideration in any child custody case is what is best for the child. Courts will look at a number of factors to determine this. These factors can include the child’s age and gender, the fitness and parenting skills of each parent, whether one parent has acted as the main caregiver of the child, the emotional ties between the child and each parent, each parent’s financial resources, how custody arrangements will affect the child’s schooling, social life, and other issues.
At What Age Can Children in Nevada Decide Custody Preferences?
In Nevada, typically, a child will be asked to express a choice about custody decisions once they are 12 years old. The Nevada Legislature state that the court shall consider the child's wishes "if the child is a sufficient age and ability to express a choice."
The judge will also consider the child's "emotional ties with each parent," the "child's adjustment to his or her home, school, and community," and the "mental and physical health of all parties involved."
How parenting schedules will be split will be based on your individual needs, schedules, and logistics. Courts favor you and your co-parent working together to come to a time-sharing agreement that is fair. When this can be done before any court appearances, your parenting schedule can then become part of the custody agreement approved by the judge. If you and the other parent cannot ultimately agree on this issue, it will be left up to the court to decide how custody and timesharing will be established.
It is important to remember that the more detailed your timesharing plan is, the less room there will be for future disputes. Details such as how holidays, special occasions, summer schedules, travel, vacations, and extra-curricular activities will be handled should be included. Other important details can include how to handle schedule changes, communication between parents and children when the children are with the other parent, how emergencies will be handled, and more can also be listed.
Addressing Custody & Timesharing Disputes in Nevada
Other issues can arise related to custody and timesharing. Disputes between parents can occur that can lead to the court having to step in. Custody arrangements may need to be enforced when a parent refuses to comply. In the years following a custody and timesharing order, circumstances may change for a parent or child that justify a modification of the original order. Our skilled child custody attorneys in Reno, NV can provide proficient legal representation in all of these issues.
Local Insights on Child Custody in Reno & Carson City
Families in Reno and Carson City face unique challenges when navigating child custody matters. Understanding the local legal landscape is essential, as it can significantly impact custody arrangements and the well-being of children. Local resources, such as the Carson City government and the City of Reno, offer valuable information to help parents during this process.
Custody decisions play a crucial role in a child’s emotional stability and overall well-being. In our community, maintaining a consistent and nurturing environment for children is vital. The emotional connections children have with both parents can be deeply affected by custody arrangements, so it is important to approach these decisions with care and focus on the child’s best interests.
The local court system can be complex and overwhelming for parents. Our team at Berkich Lucey Law Group can help you navigate the legal processes involved in establishing custody arrangements. We understand that every family is unique and are committed to working with you to create a plan that prioritizes your child’s needs while addressing your concerns as a parent.
Reach out to us for personalized support as you work towards a custody arrangement that puts your child’s best interests first.
Contact Berkich Lucey Law Group today at (775) 227-2404 or online to schedule a meeting with one of our child custody lawyers in Reno, NV.
