Four Types of Child Custody Arrangements

child custody mom concept

Parents who are going through a divorce or separation often have to make difficult decisions about child custody. The ramifications can be especially tough for the children.

The primary goal of the family court 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.

In this blog post we’ll begin by looking at the four types of child custody arrangements recognized by the state of Nevada. It’s important to understand them if you’re currently going through a divorce.

Later in this post we’ll address questions about how custody is determined, appealing a custody decision, moving out-of-state, and father’s rights.

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 legal custody.

Sole custody

Sole custody is a comprehensive type of child custody where one parent is granted both physical and legal custody of the child.

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.

This arrangement works best when one parent is deemed unfit to take care of the child due to drug abuse, neglect or another reason.

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.

How is child custody determined?

Now that we’ve explained the four types of child custody, it’s important we explain how child custody is determined.

The welfare of the children should always be the utmost priority in any child custody case. 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.

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 child custody 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.

Fathers have 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.

Child Custody Lawyers in Nevada

Smith Legal Group has the guidance and counsel of experienced custody lawyers to guide you through complex and emotional child custody arrangements.

When parents can’t communicate effectively or work together to decide what’s best for their children, you will need our legal help.

If you have any questions about custody arrangements arising during a divorce, separation, or child support case, please contact our Henderson, NV office at 702-410-5001 to request a free consultation.

Disclaimer: The information in this blog post is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog post should be construed as legal advice. No reader of this post should act or refrain from acting on the basis of any information included in this blog post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue.