Child custody in Nevada is established by statute. More specifically, Nevada's child custody statutes are found in Nevada Revised Statute Section125C0035. It's important to note that in Nevada there are two types of custody. One is known as legal custody, the other is known as physical cust. Legal custody means, in a nutshell, decision making ability. Who gets to decide what school the child goes to or what religion they are, or whether they get braces or whether they dance ballet or play football? In Nevada, the presumption off the bat is that parents are joint legal custodians. If you're on the birth certificate or you've had your rights established by court order, then you get the right or the ability to to have equal decision making ability over your child's major life choices. Physical custody means where your child actually lives most of the time. In Nevada we have case law issued by the Nevada Supreme Court that tells us how much time a parent must have with a child to be considered a joint physical custodian. More specifically, if a parent is going to be a joint physical custodian, they must have a child in their care no less than 146 days per year or 40% of the year. Extrapolating that into days and weeks and months, a parent must have at least three days a week with the child or 12 days per month with the child. Less than that, the court has the ability to find that the other parent is a primary physical custodian. And aside from having less time with your child, the designation of physical custody you have will have ramifications for how child support is calculated in Nevada. There are several factors that the court considers in deciding custody of a child and again, those factors are found in NRS125C0035. Those factors include, but are not limited to a nomination of a parent of who will have custody of the child, the child's and wishes, which parent is more likely to effectuate visitations and co parent with the other parent to make sure that visitations occur? Which parent rather, whether there's significant conflict between the parents and they can co parent or not. Again, it's a non exhaustive list, but I would encourage you to refer to that or by statute, section 125 c0035 for a full and complete list of the elements the judge must consider in making a determination of custody. The question I often get is, you know, the custody schedule that I have just isn't working anymore. Is it possible that I can change it? And the answer is yes, you can. There are several cases in Nevada and statutes that provide the court guidance on the necessary ele to modify custody. But it is possible to modify custody in Nevada.
Understanding Child Custody in Nevada: A Parent's Guide
Navigating the complexities of child custody can be daunting, especially in Nevada. This guide breaks down the key aspects of Nevada child custody laws, offering clarity and understanding for parents facing this crucial decision.
Nevada's Legal Framework: The Foundation of Child Custody
Nevada Revised Statute Section 125C.0035 forms the bedrock of child custody determinations in the state. It's essential to understand this statute to navigate the process effectively. The law distinguishes between two primary types of custody:
Legal Custody: This refers to the right and responsibility to make major decisions regarding the child's upbringing, such as education, healthcare, and religious upbringing.
Physical Custody: This determines where the child resides and spends their time.
The Presumption of Joint Custody in Nevada
Nevada law generally presumes that joint legal custody is in the best interests of the child. This presumption applies to parents whose names appear on the child's birth certificate or who have been legally granted parental rights by a court order.
Joint Physical Custody: Time-Sharing and its Implications
Achieving joint physical custody requires a significant commitment to shared parenting. In Nevada, this typically translates to the child spending at least 146 days (approximately 40%) of the year, or a minimum of three days per week and twelve days per month, with each parent. Falling short of this threshold usually leads to a designation of primary physical custody for one parent, significantly impacting child support calculations.
Factors Influencing Custody Decisions
The court considers various factors outlined in NRS 125C.0035 when determining custody arrangements. These factors include:
Parental Nominations: Each parent's proposed custody arrangement.
Child's Wishes: The court considers the child's preferences, especially for older children, although the child's wishes are not determinative.
Parents' Ability to Co-Parent: The court assesses the parents' capacity to cooperate and communicate effectively in the child's best interests.
Level of Conflict Between Parents: High levels of conflict can negatively impact a child's well-being and influence custody decisions.
Modifying Custody Orders: Adapting to Changing Circumstances
It's important to remember that custody orders are not set in stone. Nevada law allows for modifications to custody schedules if there's a significant change in circumstances affecting the child's best interests. This could include a change in the parents' living situations, employment, or the child's needs.
Seeking Legal Counsel: Navigating the Process Successfully
Navigating Nevada's child custody laws can be complex. Consulting with an experienced family law attorney is highly recommended to ensure your rights are protected and the best interests of your child are prioritized throughout the process. They can provide personalized guidance based on your specific circumstances and help you navigate the legal complexities involved. Don't hesitate to seek professional help to ensure a smoother and more successful outcome.