Types of Child Custody
Types of Child Custody
Child custody is a legal term that is used in family law issues to resolve and establish the rights and responsibilities of parents that relates to minor children when parents divorce or separate. If parents cannot decide as to issues of child custody, visitation and support, then the family court will decide child custody and support issues including who the child will live with and who will make decisions about the children.
When parents are unable to come to an agreement on where the child will live and decisions related to the upbringing and raising of their child, the family court must determine the issues of child custody and child support.
Joint child custody refers to an agreement or parenting plan made between the parents or ordered by the court that allows the minor child to spend a significant amount of time (in Nevada up to 60%) or an equal amount of time with each parent.
Physical custody means who the child will live with. The terms of physical custody may be agreed upon by the parents or ordered by the court and is often in the form of a parenting plan, child custody order, or both. In Nevada family law, there can be primary physical custody, sole or full custody, or joint physical custody.
Legal custody means who will make the decisions regarding the upbringing and raising of the child. There can be joint or shared legal custody and sole or full legal custody.
Child Custody Proceeding
If the parents cannot decide between themselves, then a child custody proceeding will occur. A child custody proceeding means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. It includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which the issue may appear.
Factors Considered in Child Custody
The family courts in Nevada will take into consideration he following factors in making rulings on child custody and visitation.
- The child’s ability to maintain contact with siblings
- The mental and physical health of both parents
- The child’s physical and emotional needs
- Any history of abuse
- The child’s wishes, if the child is of a sufficient age and intelligence to decide (usually 12 years of age or older)
- The child’s relationship with each parent
- The level of conflict between the parents
- Whether either parent has committed an act of abduction against the child or any other child
- Each parent’s willingness to encourage a relationship between the child and the co-parent
As with other complications of divorce, it pays to have an experienced family law attorney to help you through the process of asset division, spousal and child support as well as child custody. You can contact a family law attorney at Pintar Albiston in Las Vegas, Nevada on 702-685-5255.