NOTE: The information on this page is for unmarried parents who wish to establish legal and physical custody, visitation, child support, and any other issues related to the well-being of the children without having to go to court. Both parents must sign the paperwork.

If you are married to your children’s other parent and wish to file a divorce instead to address the issues related to children, you should visit https://discountlasvegaslawyer.com/las_vegas_divorce_with_children/ instead of this page. All of the issues addressed in a Complaint for Child Custody are addressed in a divorce.

HOW IS CHILD CUSTODY IN NEVADA DETERMINED?

In Nevada, there are two forms of child custody:

1. Legal Custody
2. Physical Custody

 A parent with legal custody of a child has the following rights:

• make decisions regarding schooling
• make decisions regarding religious upbringing
• the right to see reports cards
• the right to see medical records
• the right to make decisions regarding medical treatment of the children

A hearing is required to take away legal custody from a parent. That parent must have shown himself or herself to be dangerous to the well-being of the child in some way. For instance, a parent with a substance abuse issue. Or one who has been proven to be physically abusive to the children.

 A parent with physical custody of the children has the following rights:

• • all of the legal rights stated above (a parent without legal custody would not be granted physical custody)
  • all rights as detailed in the Order for Custody, Visitation, and Support.

This is unique to each case, and depends on the needs of the children, as well as the needs of the parents.

These days, Family Court here in Clark County favors an equal time split between parents. They typically will award split physical custody, provided it works to the advantage of the children, and provided there are no alcohol or drug abuse issues with either parent.

If one parent lives a long distance from the children’s school, and the children would have to spend hours a day in a car to attend school, the Family Court judge could rule that the children reside with the parent closest to the school during the week, and visit the parent who lives farther on the weekends. Sometimes, this means the children will reside from Sunday night to Friday after school with the parent who lives closest to the school, and from Friday after school until Sunday night.

Depending on your particular situation, the above can be considered split custody because the “weekend parent” spends all of his or her time with the children (unless that parent is working and a babysitter takes his or her place). Judges now look at the actual amount of time spent with each parent, and they subtract hours spent in school or with other caregivers from that.

Even if both parents live close to the children’s school, parents can opt to have the children spend more time with one parent than the other. Parents are not required to split time down the middle, it’s just favored by Family Court. It is generally considered best for the children if it works for both parents too.

It’s always best for the parents to make the decisions on the time split between the children rather than allow the court to make this decision.

Children over the age of 13 in Nevada have the right to choose where they live. Therefore it’s a good idea to involve them as well. Should a judge have to make the decision on where your “over-13” children will spend most of their time, he or she might meet with your child before making the decision. would ask them where they wish to live, as they now have a right to make that decision.

  Dispute:

If parents are unable to reach a physical custody agreement that works for the children, as well as for both parents, the court will step in.

The first thing to happen will be a mandatory mediation set by the court. You might want to voluntary do mediation before that happens. This way, you avoid the high attorney fees related to going to court for any reason, including mandatory mediation. Having to attend mandatory mediation means your case is contested.  The court having to set a mediation because you cannot agree on a physical custody plan that works is considered a contested custody matter. During the mediation, your attorneys’ job is to get parents to come to an agreement on a physical custody plan that works for all parties, but know that the well-being of the children will be put ahead of the parents’.

If the attorneys are unable to get you to agree on a child custody plan, there will be a hearing and the judge will determine physical custody, as well as legal custody if that hasn’t been resolved either.