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What You Need to Know About Child Visitation

Divorce or separation can be challenging, especially if a child is involved. As a parent, you want to ensure that your child’s best interests are always protected and that they receive the love and support they need. One of the most contentious and challenging issues in a divorce or separation is child visitation. This is why it’s essential to work with a child visitation lawyer to help you navigate this complex legal process. Here, we will discuss everything you need to know about child visitation, legal custody, physical custody, and how our visitation lawyers can help.

Child hugging father at the end of his child visitation session in Henderson, NV

What Is Child Visitation?

If you’re going through a divorce or separation, you’re probably wondering what child visitation is and how it works. Child visitation is the right of a parent to spend time with their child after a divorce or separation. It allows the non-custodial parent to maintain a meaningful relationship with their child and play an active role in their upbringing. Visitation can take many different forms and schedules. The details of visitation will be set by the court.

The Different Parental Arrangements

In the state of Nevada, there are three distinct levels of parental responsibilities: legal custody, physical custody, and visitation. If you are in a conflict surrounding your visitation rights, it is helpful to understand the difference between these three types of parental rights and responsibilities. Each type of custody plays a crucial role in determining the framework for a child’s care, growth, and development after a separation or divorce. Below, you can find a brief explanation of each type.

Legal Custody

Legal custody is a legal arrangement that grants a parent the authority to make significant decisions about their child’s life. These decisions encompass various aspects, such as healthcare choices, educational opportunities, and even decisions of religious upbringing. It ensures that the parent entrusted with legal custody has the responsibility and power to make informed choices that shape their child’s well-being and future. By having legal custody, parents can provide stability and guidance, fostering a nurturing environment for their child’s overall development and growth.

Physical Custody

Physical custody refers to the living arrangement of a child post-divorce or separation. When a parent has physical custody, the child resides with them for the majority of the time. Nevada law prioritizes joint physical custody, meaning the child lives with both parents on an equal basis. However, if one parent has 61% or more of visitation time, they may be considered as having primary physical custody. Sole physical custody, where the child lives with one parent 100% of the time, is also possible. The court will grant custody based on what it thinks is in the child’s best interest.


Visitation is the designated time a non-custodial parent can spend with the child. Courts determine this schedule based on the best interest of the child, considering factors like the age of the child, the child’s relationship with each parent, and the ability of each parent to meet the child’s needs. Visitation schedules may vary, including weekend visits, holiday visits, or extended summer visits. Supervised visitation may be ordered if there are concerns about the child’s safety. It is required that parents adhere to the court-ordered visitation schedule.

Schedule a Free Consultation With a Child Visitation Lawyer

Child visitation is an essential aspect of a divorce or separation, and it’s essential to work with a child visitation lawyer to help you navigate this complex process. At Smith Legal Group, our visitation lawyers have years of experience handling child visitation cases and fighting for our client’s parental rights. We even offer after-hours appointments and appointments on weekends to ensure that you have access to the high-quality legal services you need. Contact us today to schedule your free consultation with a child visitation lawyer.

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