Reno & carson City Child Custody Lawyers
A Dedicated Legal Team Serving Northern Nevada
Child custody is one of the most worrisome areas for parents involved in a divorce, post-divorce, or paternity action. The wellbeing of your child is foremost in your mind as well as the need to protect your parental rights. You will want to ensure that your child’s needs are met, that his or her life is disrupted as little as possible, and that physical and emotional security is maintained. Divorce can be tough on children and teens which is why it is so critical that this issue be resolved as smoothly as possible with the child’s best interests in mind.
At Berkich Lucey Law Group, our child custody lawyers in Carson City & Reno, NV, understand how complicated the issue of child custody can be for you and your child(ren). Our team knows that every parent deserves to create and maintain a stable, loving relationship with their child(ren) and that children need this to thrive. When handling any child custody matter, we are here to listen to your concerns, understand your family dynamic, and help you achieve your custody objectives. Our child custody attorneys in Reno & Carson City are well-versed in Nevada custody laws and how judges view and determine this issue. We can develop a legal strategy designed to protect your parental rights and help you obtain a workable and beneficial custody arrangement.
What Are The Two Types Of 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.
Is Nevada a 50/50 Custody State?
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.
How Do Courts Determine Custody?
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.
What Age in Nevada Can a Child Choose Which Parent to Live With?
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.
Other Child Custody & Timesharing Issues
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.
Made me feel like I was their only client and that my case was their first priority.” - Eizabeth McCann
“Great staff, great experience”- Bob Hovorka
“I wouldn't have made it through my divorce without Berkich Lucey Law Group's support.”- Samantha R.