Child Custody can be a very emotional issue, and unfortunately, oftentimes the child is put in the middle of the parent’s dispute. It is vital to understand the different types of child custody, as well as the different options available. We’ll help you gain a clear understanding of the different types of child custody, the rights that go along with them, and how these different types of custody are determined.
In Nevada, there are two types of child custody: physical custody and legal custody. All child custody decisions are based on serving the best interests of the child, so it’s important to understand these different forms of custody and the rights that go along with them.
Physical custody addresses where a child lives. A parent may be awarded primary physical custody, joint physical custody or visitation with his or her child. If a parent has primary physical custody, the other parent is the non-custodial parent with visitation rights.
Aside from defining where the child lives, physical custody orders also impact areas such as child support and a parent’s ability to relocate out of state.
The Nevada state legislature recognizes the importance of encouraging family preservation after a separation or divorce and thus joint custody is recognized by the courts and state legislatures. Generally, the court’s preference is that of joint custody, if the parents have agreed to joint custody and there are no other conflicting factors such as sexual assault or domestic violence.
Often, mediation is an effective way to work out a child custody dispute. In mediation, the needs of the children are put first, and an independent third party (the mediator) works with the parties to come to an agreement that both sides can agree upon. Nevada’s family courts require mediation of custody issues before any case is taken to trial. We have over 20 years of experience helping parents with child custody mediation. Our compassion and legal expertise will help guide you through this process.
There may be times when one parent wishes to modify the terms of an existing child custody court order. This can be a very contentious area that may include negotiations, mediation and possibly trial, so it is extremely important to have an experienced child custody attorney handling these cases.
Sometimes a parent may wish to relocate out of state after child custody has been established. In such a situation, a parent may not legally move with a minor child unless they have gained permission from the other party or by a court order. Before requesting a relocation order, one must be able to provide the court with specifics as to the move. If you have a definite desire to relocate your child out of state, contact us to discuss the specifics of a relocation order and your options. Similarly, if you have received notice from your former spouse of their intention to move out of state with the child in common and you wish to object, call an experienced Las Vegas child custody attorney.
Nevada law recognizes that it is generally in a child’s best interest to have an ongoing relationship with both biological parents. However, in cases where the mother and father were not married at the time of the child’s birth, a father’s rights to his child can be difficult to enforce. It’s only after paternity is established that parental rights can be adequately protected and enforced.
In some cases, Nevada law allows the court to award grandparents (and even unrelated third parties) visitation rights. In general, grandparents who are being prevented from contact with their grandchildren can seek visitation if they can establish that the child has lived with them in the past and that a “meaningful relationship” exists.
When it comes to handling your child’s well being, you need an experienced child custody attorney who knows and understands the ‘ins and outs’ of the law and will look out for the best interests of your child while protecting your rights as a parent. We’ve had over 20 years doing exactly that for our clients, and we continue to offer our expert legal services to you.