February 9

How is Child Custody Determined in Nevada?

NRS 125C is a section of Nevada Revised Statutes (NRS) that deals with child custody and visitation. This section provides the legal framework for determining the custody and visitation rights of parents in cases of divorce, separation, or other family law matters involving children.

The court may award joint legal and physical custody, sole legal and physical custody, or any combination thereof. When determining custody, the court may consider factors such as the relationship between each parent and the child, the ability of each parent to provide a stable and safe home environment, and any history of abuse or neglect.

Types of Child Custody in Nevada

Joint legal custody means that both parents have an equal say in making decisions about the children’s health, education, and welfare. In this arrangement, both parents are responsible for providing input and making decisions together, even if one parent has physical custody of the children. This type of custody is preferred by the court, as it promotes cooperation and communication between the parents and allows both to remain actively involved in their children’s lives.

Sole legal custody, on the other hand, means that one parent has the exclusive right to make decisions regarding the children’s upbringing, without the involvement or input of the other parent. This type of custody is usually awarded in cases with evidence of abuse, neglect, or a history of drug or alcohol abuse.

Physical custody, also known as residential custody, refers to the time the children spend with each parent. In joint physical custody, the children spend equal time with each parent. In this arrangement, the parents must work together to create a schedule that is in the best interests of the children and allows both parents to remain involved in their lives.

Sole physical custody, on the other hand, means that the children live with one parent and have limited or no contact with the other parent. This type of custody is typically awarded in cases where one parent is deemed to be unfit or unable to provide a safe and stable environment for the children.

It is important to note that physical and legal custody are separate and may be awarded differently. For example, a parent may have joint legal custody but sole physical custody of the children, or vice versa. A court may modify a custody or visitation order if there has been a substantial change in circumstances since the original order was entered. This may include changes such as a significant change in the needs or circumstances of the child, a change in the living arrangements of one of the parents, or a change in the child’s relationship with either parent.

In conclusion, the determination of legal and physical custody of children in Nevada is a complex process that requires careful consideration of the best interests of the children. Whether the parents agree to joint or sole custody arrangements, it is important to remember that the ultimate goal is to provide a stable and safe environment for the children.

Determining child custody can be complicated and you should have legal representation to achieve your best outcome. Call Richard P. Davies and his legal team at (775) 360-6894 to schedule your free consultation.


child custody, divorce, legal custody, NRS 125C, physical custody

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