The Custody Rights of Fathers

Fathers often feel as though the court system favors the mother when determining issues such as physical custody. Although some judges may still hold a bias in favor of the mother, the law recognizes that fathers do have the same rights as mothers once paternity has been established. Fathers can work with a child custody lawyer to learn more about their legal rights. A family attorney can represent fathers in court and negotiate for custody orders that are in the best interests of the child.

You can watch this video to hear more about working with a fathers’ rights attorney near Las Vegas. This expert explains why some fathers may need to consult a lawyer even after court orders have been established.

The Different Types of Child Custody Arrangements

Custody issues are a complex part of family law that vary from state to state. If you’re going through a divorce or separation and there are children involved, it’s a good idea to consult a child custody lawyer as soon as possible. At a family law firm near Las Vegas, you can discuss your goals for the outcome of the case, such as obtaining joint custody . Your child custody lawyer can also help you understand what you might expect from the proceedings and which types of child custody arrangements the judge may establish.

Physical Custody
When a judge establishes physical custody, it means that a determination has been made regarding which parent’s residence the child will live in. The court may consider a wide range of factors when making this decision. The overriding factor concerns the best interests of the child. The court may also consider the capacity of each parent to provide care, the child’s relationships with various members of the family, the child’s age and gender, the continuity of a stable home environment, and each parent’s history of domestic violence, or drug and alcohol abuse. Depending upon the child’s age, the court may also consider the preferences of the child.

Legal Custody
Your child custody attorney in Henderson can help you understand the differences between legal and physical custody . If you’ve been awarded legal custody, it means that you have the authority to make major decisions regarding how your child is raised. This includes decisions regarding the child’s education, healthcare, and religious upbringing.

Joint Custody
Many people who consult a child custody lawyer have the intention of pursuing joint custody. Joint custody may refer to either physical or legal custody, or both. When parents share joint custody of a child, it means that they both have the authority to make major decisions for the child and to have the child live at their residence. Typically, the child will primarily live at one residence and have frequent visitations with the other parent.

Sole Custody
When a parent is awarded sole physical and legal custody of a child, it means the child will only live with that parent. The other parent may or may not have visitation rights, depending on the circumstances. Sole custody may be awarded in cases involving domestic violence and similar situations.

A Look at Joint Custody

In Nevada, without evidence to the contrary, the courts assume that joint custody is the best solution for children after a divorce. What does it mean to have joint custody of your child? A child custody lawyer in Las Vegas can help you understand all of the ramifications of this type of custody. This video also explains more.

Joint custody encompasses legal and physical custody. Joint legal custody means a shared right to make important decisions about a child’s life, such as medical decisions. Physical custody refers to where the child lives. You may ask your child custody lawyer to allow one parent to have physical custody, or you may choose for your family lawyer to negotiate shared physical custody. Your child custody lawyer will help you present a case which demonstrates that your desired custody outcome is in the best interest of your child.

How Is Child Custody Determined?

Child custody is one of the many significant issues couples face during divorce. From the court’s perspective, the only guiding principle is to make the decision that is best for the child, despite how much parents may disagree. A child custody lawyer can help you understand the law and devise the best possible case to help you get the outcome you desire. Talk to a child custody attorney in Las Vegas about your case to understand your options. Here’s a look at some of the issues a judge considers when awarding child custody.

State Law

Most states have laws that provide a basic framework for how child custody should work in most cases. In Nevada, the law assumes that joint custody is in the best interest of the child. Usually, parents share legal custody, meaning they share the right to make education, medical, and other important decisions, and that one parent gets physical custody, meaning that his or her home is the primary residence for the child. However, many factors may make a judge determine that joint custody is not an ideal solution.

How Is Child Custody Determined? Domestic Abuse
Past domestic abuse against anyone in the family can weigh heavily on child custody proceedings. If you or your children have been the victim of domestic abuse by your spouse, then your child custody lawyer may attempt to argue that shared custody and visitation are inappropriate. The courts will consider things like when the domestic abuse occurred and whether it was an isolated incident or a pattern of behavior.

Stability of Home Environment
When making determinations about physical custody and visitation, the courts consider the stability of each home. Factors include whether children can stay on their usual schedules in the home, whether the home is clean and safe, and who else lives in or visits the home.