Do You Have the Facts for Primary Physical Custody?

Rock Rocheleau

Published On: 17 January, 2022

First, let me start by explaining what constitutes primary physical custody.

Primary physical custody means you have at least 60% of the time with the minor child, which essentially equates to 219 calendar days for the entire year. Anything over that 60% threshold would gain the primary physical custody designation. It’s important to note that this could be 61% or 98%, and it still carries the same classification of primary physical custody.

Do you have the set of facts to persuade the court away from the presumption that joint physical custody is best for the minor children? Some of the things the court would consider in this scenario include whether the other side lacks the mental or physical ability to care for the child on an equal time-share basis. These are all things to consider when looking at child support Las Vegas.

Could that include drug or alcohol addiction to the point it affects their ability to have unsupervised or extended time? Yes, that could be one of the facts. However, it’s also important to note that if a parent drinks or uses marijuana, it does not automatically preclude them from having a custodial set of time with the minor child.

Typically, this is used as a persuasion factor if it’s to such a degree that it affects their ability to have extended, meaningful contact with the minor child. How do we differentiate that? Often, it is part of a custody case where we look at previous history, such as multiple DUIs or arrests related to drug or alcohol use.

For example, if a parent occasionally drinks wine, has a drink, or goes out for happy hour, and this is shown on social media, the court isn’t going to consider that enough to persuade them away from joint custody.

Do you have the facts to win primary physical custody? Call (702) 914-0400 today, and let our team guide you through the process with expertise and care!

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