Child Custody
Whether you need legal guidance in an upcoming child custody case or are in the middle of a child custody battle, JM Friedman Law is here to help you.
The child custody process is often the most emotionally stressful aspect of a family law case. While you can regain lost assets, you can never get back time lost with your children.
Our child custody attorneys are:
Compassionate and empathetic of cases involving parents and children
Aggressive when asserting parental rights to custody and visitation
Experienced in all areas of dispute resolution in custody cases, from mediation to litigation
Child Custody Laws in Nevada
In Nevada, the courts’ ultimate goal and primary concern in any custody dispute is to serve the best interests of the child. There are two types of custody in the State of Nevada:
Physical Custody – This is where the child physically resides. Physical custody grants a parent the right to have the child live with them and be with them while the other parent may have visitation rights.
Legal Custody – This refers to a parent’s access to information and the right and responsibility to make decisions on behalf of the child. These decisions include but are not limited to: medical care, education, religion, etc.
Absent a good reason to do otherwise, the Courts generally award parents joint legal and joint physical custody. It is presumed that both parents come to Court on equal footing despite their gender or financial situation.
While most parties are awarded Joint Physical Custody, there are generally three possible physical custody designations, which will vary based on your specific situation.
In order of restrictiveness, they are:
Sole Physical Custody - One parent has physical custody of the children 100% of the time. This type of arrangement is rare and is only appropriate in limited circumstances.
Primary Physical Custody – One parent has the children between 61% and 99% of the time.
Joint Physical Custody - Both parents share physical custody of the children (approximately 50/50). This can be a 40/60 split.
What are the Legal Standards?
It is the policy of the State of Nevada to foster and preserve a continuing relationship between the child and both parents where doing so will serve the child’s best interests.
There is a preference in Nevada courts for a joint physical and joint legal custody. This preference for joint custody is terminated if either parent is unable to care for the child for 146 days out of the year (40 percent of the year), has engaged in domestic violence against the parent, or has abused, neglected, or abducted any child.
The judge is required to consider the following factors in order to determine the best interest of the child:
The child’s custodial preference, depending on the child’s age and capacity to make an intelligent and independent decision;
Whether either parent has nominated a person to be the child’s guardian;
Which parent is most likely to let the child communicate with and have a continuing relationship with the other parent;
The level of conflict between the parents;
The parents’ ability to work together to meet the needs of the child;
The physical and mental health of the parents;
The child’s physical, developmental, and emotional needs;
The nature of the child’s relationship with either parent;
The child’s ability to maintain a relationship with his or her sibling(s);
A history of abuse or neglect by either parent on the child or the child’s sibling;
Whether either parent (or other person seeking custody) has previously engaged in domestic violence against the child, the other parent, or any other person living with the child;
Whether either parent (or other parent seeking custody) has abducted the child or another child.
Child custody issues are inherently stressful and emotionally taxing. As such, it is imperative that you hire an attorney who will vigorously argue to protect your rights and the rights of your children so you can focus on your future. Our firm recognizes the nuances in each case and will work closely with you to develop a strategy that best suits your case. If you are in need of a custody attorney, schedule a consultation with us today.