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Find a custody arrangement that works for you and your partner

Divorce can be a difficult time for everyone involved, but it can be especially tough for children. Parents who are going through this process often have to make difficult decisions about child custody. The primary goal of the court during a divorce is to ensure that children’s best interests are served, and one of the ways to do that is by establishing a child custody arrangement. The state of Nevada recognizes different child custody arrangements, each with its pros and cons, so it’s important to understand them if you’re currently going through a divorce.

How Is Child Custody Determined?

Child custody is one of the most challenging issues that can arise during a divorce, separation, or child support case. The welfare of the children should always be the utmost priority in any legal procedure. Any decision made should ensure that the child’s needs and best interests are not compromised.

In Nevada, if both parents are fit and willing to take their parental responsibilities, the court presumes that joint legal custody is in the best interests of the child. This means that both parents have equal rights to make major decisions for the child. However, joint physical custody is not always practicable; the judge must consider various factors, such as the environment that’s in the best interests of the child. Factors such as the wishes of the parent, the living conditions, the age of the child, and the relationship between the child and the parent are critical in determining where or with whom the child will reside.

If one parent can provide a more stable environment for the child, they will likely receive primary physical custody. However, if one parent will not agree to the proposed parenting plan, the matter will be taken to trial. The parenting plan will address the responsibilities, the allocation of decision-making authority, and the parenting time. It is always wise to work with an attorney to ensure a favorable parenting plan.

Physical Custody

Physical Custody refers to where a child will reside after the divorce, and who will be responsible for their daily care. In a physical custody arrangement, one parent has primary custody, and the other parent gets parenting time or visitation rights. When the non-custodial parent has custody, they handle many aspects of the child’s life, such as staying home with them when they’re unwell and taking them to school. The custodial parent, on the other hand, is responsible for maintaining a stable home environment and providing daily necessities to the child.

Legal Custody

Legal Custody refers to who makes important decisions for the child, such as where the child will attend school, what religion they will follow, and what medical treatment they will receive. In Nevada, legal custody can be granted to one parent exclusively, or it can be a shared responsibility between both parents. Joint legal custody is the most common form of legal custody and requires both parents to work together and make important decisions for their child. Parents who are amicable and willing to cooperate, tend to prefer this approach.

Sole Custody

Sole Custody is a comprehensive type of child custody where one parent is granted both physical and legal custody of the child. This arrangement works best when one parent is deemed unfit to take care of the child due to drug abuse, neglect or another reason. A custody lawyer is always a recommendation when dealing with such complicated cases. Sole custody is rare because the court usually favors shared custody arrangements and will only grant sole custody in extreme situations where it is in the child’s best interest.

Joint Physical Custody

Joint Physical Custody is a custody arrangement that splits custody between the two parents. When one parent has the child, the other parent has visitation rights. Joint physical custody can work well if parents are willing to work together and communicate effectively. It helps keep both parents involved in the child’s daily life while also giving the child a sense of stability and routine.

Bird’s Nest Custody

Bird’s Nest Custody is a newer type of custody arrangement that has been gaining popularity in recent years. In this arrangement, the child stays in the family home, and the parents alternate staying with the child in the family home. This arrangement works well in situations where parents live close to each other, have financial stability and are willing to deal with the potential inconvenience of a shared living space.

Do You Need a Lawyer for Child Custody?

The short answer is yes. Child custody cases are emotionally charged and can be complex. An experienced family law attorney can provide you with legal advice, help you navigate the legal process, and maximize your chances of getting the best possible outcome. They can assist you in filing the necessary paperwork and represent you in court.

Can You Appeal a Custody Decision?

Yes, you can appeal a custody decision. However, appealing a custody decision can be complicated and time-consuming. You will need to show that the original decision was based on legal errors, and the appeals court must see a compelling reason to agree to hear your case. It’s essential to have an experienced family law attorney to represent you during an appeal.

Out-of-State Custody Agreements

If you’re moving to a different state and have a custody agreement in place, you need to follow the laws of both states. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) established rules for determining which state can make decisions about child custody. Your family law attorney can help you understand the laws and regulations that apply to your case.

What Are the Custody Rights of Fathers in Nevada?

In Nevada, both parents are presumed to have equal rights to legal and physical custody of a child. The father has an equal opportunity to seek child custody, and the court must consider both parents equally. As long as they can show that they can provide a stable, loving, and safe environment for the child, fathers have a chance of being awarded joint or even primary custody.

If a father can prove that the mother is unfit to care for the child, he can seek primary custody. Likewise, if the father is the primary caretaker of the child, he can also request primary custody. However, the father must provide evidence that the proposed parenting plan is in the best interests of the child.

Smith Legal Group Can Help with Your Nevada Child Custody Decisions

Child custody arrangements in Nevada can be complex and emotional. It’s crucial to have the guidance and counsel of an experienced custody lawyer when working through these issues. While many factors may influence a child’s custody arrangement, it’s essential to always consider what’s best for the child. Parents should aim to communicate effectively and work together to come up with an arrangement that works for both and their children’s best interests. For more information on child custody arrangements in Nevada, contact Smith Legal Group at 702-410-5001 to speak to a children’s custody lawyer or custody attorney today.