Child custody battles can be the most challenging part of being a divorce lawyer. We are biologically wired to fight for our children – more so than we would for other points of contention in the divorce process, like property.
Sadly, many of the fights are not over children. They are over ignorance of our rights, or ignorance of the real meanings behind child custody terms. For example, mothers come into our office willing to spend tens of thousands of dollars to fight for primary custody – not realizing that in Nevada, the difference between primary custody and joint custody might be only one extra day a week.
Before you head into a custody battle, take a moment to learn the territory. It doesn’t make much sense to storm into a battlefield blindfolded. Below are some fundamental things to understand about child custody in Nevada.
There are two main types of child custody: legal custody and physical custody.
Additionally, for both legal and physical custody, there are two subtypes: primary and joint custody. Joint custody means that parents share an equal role in decision-making, while primary means that one parent retains full responsibility.
It is possible for parents to have different levels of custody depending on the main type. For example, one parent can have joint legal custody while also having primary physical custody.
The “best interests” argument is primarily used when one parent is seeking primary custody. Since the state legislature of Nevada is organized to default to joint primary custody, the parent seeking primary custody must prove why this option will be better for the child. The court considers the following criteria when deciding on these requests:
In the Nevada court system, child custody orders can only be modified for two reasons: 1) if there has been a significant change in circumstances affecting the child; and 2) if the modification will be in the child’s best interests.
Most states do not allow you to move out of state without the court’s permission. Nevada courts define child relocation as “at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child.”
Historically, courts would be involved if one parent moved out of the state; however, the definition now extends to relocation several hours away. Three factors have to be established when considering parental relocation: