When you get divorced this is a stressful and emotional time in your life. One of your most important concerns is who gets the child custody after divorce in the state of Nevada. Child custody in Nevada is defined by two different forms: physical custody and legal custody. To simplify, physical custody means your child is in your physical care at least some of the time and legal custody means you have a legal right to make important choices as it relates to your child’s upbringing.
Child Custody: An Overview
- Defining Physical Custody of a Child: Physical custody refers to where a child lives and how this is managed by both parents. If a parent has physical care of a child more than 60 percent of the time, they are considered to have primary physical custody. If a child spends at least 40 percent of their time living with each parent, this is a case of joint physical custody.
- Legal Custody of a Child: As a child’s legal guardian, you are allowed to make important choices and judgments concerning your child’s upbringing. Such examples include medical treatment options, what religion your child follows, and what school they go to. Legal custody commonly rests with the parent that has physical custody. However, it can be awarded to the other parent even without a joint custody arrangement.
- Child Custody Determination in the State of Nevada: The state decides child custody in two ways. The first is by the determination of the court system and the second is a mutual agreement between both parents. Joint custody is awarded in cases where it is agreed upon by both parents or each parent is trying to have a meaningful relationship with their child even if they do not get along. In cases where there is a custody dispute, mediation must be entered into and if an agreement cannot be reached by the parents, the court will then decide. Note that judge awards custody in the best interest of the child, such as the child’s safety, the ability to have needs met, and the child’s wishes. In such court rulings, no parent is favored over the other and the child’s best interests are the only consideration. Once a judge rules on a custody case, both parents are bound to follow the ruling.
A Note About Determining Who Is a Parent
In Nevada, marriage is not a deciding factor in determining parentage, so child custody Nevada unmarried does occur. Parentage is defined as having given birth to a child, sperm donation with the clear intent of being a parent, legal adoption, the child was born for a parent via surrogate and unmarried or same-sex couples who have a signed agreement to be co-parents. As it concerns the state of Nevada, the relationship between a child and a parent is what defines such a status, not a marriage.