March 28

A Guide to Physical and Legal Child Custody in Nevada

Child custody is a complex and vital issue that must be addressed during a family’s divorce or separation. In Nevada, the laws regarding child custody are outlined in NRS 125C. These laws guide parents in dividing legal and physical custody of any children involved. In some cases, joint legal or physical custody may be awarded; however, both parents must agree to any form of shared custody before the court can grant it. Ultimately, NRS 125C ensures that decisions made regarding child custody are always in the child’s best interests.

Understanding Legal and Physical Custody Under NRS 125C

As defined by NRS 125C in Nevada, legal custody is the right to make crucial decisions on behalf of the child, such as education, healthcare, and religious practices. The parent with legal custody has the authority to make these decisions on behalf of their child. Physical custody refers to where the child resides and who is responsible for their day-to-day activities and care. In some cases, joint legal or physical custody may be awarded if both parents agree.

What Factors Determine Which Parent is Awarded Custody?

When making decisions concerning child custody in Nevada, NRS 125C outlines several factors that are considered. These include the parent’s physical and psychological health, the child’s wishes (if they are old enough to express a preference), and any history of domestic abuse between the parents. Financial stability is also considered, as the court wants to ensure that whichever parent is awarded custody can provide for their child’s basic needs. The court may also consider any existing relationships between a parent and their child and how well each parent has encouraged a healthy relationship between siblings. These factors help inform an informed decision by the court that aligns with what it believes is in the child’s best interests.

How to Modify an Existing Court Order for Child Custody

Under NRS 125C, the court may modify an existing court order for child custody if a change in circumstances warrants it. This could include any changes to the parents’ employment status, relocation to a different state, or if either parent has been convicted of a crime or found to be neglectful of their child. The court may also make modifications based on the child’s best interests, should they reach an age where they can express a preference regarding their care. Any revision request must be approved by the court before it can take effect; this ensures that any changes are reasonable and in line with what is best for the family.

In summary, the Nevada Revised Statutes (NRS) 125C outlines the laws about child custody in the state. In parental disagreement or divorce cases, these laws guide how best to divide legal and physical custody of any children involved. Legal custody involves granting one parent the right to make crucial decisions on behalf of the child. In contrast, physical custody determines which parent will have primary care and responsibility for their residence and activities. The court may award either sole or joint custody depending on what it considers to be in the child’s best interests, considering factors such as parents’ financial stability and any existing relationships between them and their child. Additionally, a current court order can be modified if a change in circumstances warrants it, but the court must approve any request first.

Richard P. Davies and his team of experienced lawyers are here to help you with your child custody case, whether you want to create a new agreement or modify an existing one. Call (775) 360-6894 to schedule a free consultation!


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child custody, child custody in nevada, divorce, legal custody, nevada, physical custody


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