What is Physical Custody in Nevada?

Many couples who have children decide that they cannot sustain their romantic relationship and that they wish to live in different households. Whenever two parents separate and will live independently, decisions must be made regarding who will care for the children and who will make choices on the children’s upbringing.

The issue of physical custody in Nevada is often one of the most contentious during a separation or a divorce. It is essential that you understand your legal rights and that you have an experienced Las Vegas divorce and family law professional representing you when custody issues arise. Pintar Albiston, LLP has helped many clients to argue successfully for their preferred custody arrangements. Call today to learn more about how we can assist you.

Understanding Physical Custody in Nevada

Physical custody in Nevada refers to having your child directly under your care. A child will live with the parent who has physical custody and that parent will provide supervision and parental guidance to the child.

Physical custody is a separate issue from legal custody. Legal custody refers to the right to make decisions about what happens to a child. For example, if a mother has physical custody, the child will live with her. The father may not see the child very often, but he and the mother may share legal custody.  This would mean that while the mother provided daily care and supervision, the mother and father would both have the right to make important decisions on a child’s upbringing. The parents would thus need to agree on issues like where a child attends school or what kinds of medical care and religious training the child receives.

Typically, a parent who has physical custody will also be awarded legal custody by the court. However, it is also not uncommon for parents to share decision-making authority even if one or the other has primary physical custody.

Dividing Physical Custody in Nevada

Parents may negotiate a parenting time agreement or parenting plan provided they can agree on who will have physical custody and who will have legal custody. It is usually considered best for all parties if the parents can decide on these issues, since they have the best understanding of their unique family dynamic.  Unfortunately, parents are not always able to come to an amicable agreement.  A family court judge may preside over a custody hearing and enter a custody order based on his or her belief about what is in the best interests of the child. Nevada law outlines different factors to be considered in assessing a child’s best interests, including the past relationship of the child and each parent.

Physical custody in Nevada can be divided in different ways. One parent may be given primary custody and the other visitation; or parents may share custody on a level that is close to equal.  In some cases, if one parent is unfit or neglectful, then the other parent will be awarded sole custody.

Pintar Albiston, LLP has extensive experience negotiating custody arrangements or representing parents in court during custody hearings. Call today or contact us online to speak with a member of our legal team and learn more about how we can help your family.