What is Primary Custody?

Rock Rocheleau

Published On: 24 January, 2022

What is primary physical custody?

That question can really only be answered by looking at the two different kinds of physical custody that courts can award. One is joint physical custody, where the parties essentially have a 50/50 timeshare with the child. Primary physical custody is where one parent has the child the majority of the time – technically, 61% of the time or more.

In order to get primary physical custody, since the courts here in Nevada really do prefer joint physical custody, you have to show the court that it’s in the child’s best interests for them to remain primarily in your care. A child custody attorney can help present evidence on factors that the court will consider in making that determination, which would include whether there’s been domestic violence, whether there’s a serious drug or alcohol problem that affects the other parent, and whether the other parent, for example, is uncooperative, would not be able to share custody with you very well, is very controlling, or may even try to keep the child from you.

Sometimes, the courts will even look at the wishes of the child if the child is old enough and the court believes they are mature enough to make that decision.

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Child Custody

Choosing an attorney for your custody dispute can be a difficult decision. You will want to hire for an attorney whom you feel comfortable discussing personal details with. Choosing a law firm with a proven track record of advcating for their clients, such as Right Lawyers, gives you the assurance that you are represented by the attorneys with the most experience. An attorney's years of experience will be crucial to providing you the best outcome in your case, especially if your sitauiton involves unique nuances or uncommon circumstances.

What do judges look for in a custody case?

When determining child custody - Nevada judges are required to make decision which are in the best interests of the children. As in most states, the Nevada legislature has set out several factors which a judge is required to consider when determining what custody arrangement would be in the best interests of the children. These factors include: the wishes of the child (if the child is of sufficient age), the needs of the child, the ability of each parent to meet those needs, the relationship between that child and any siblings, any instances of domestic violence, whether there has been any instance of parental abduction of the child, and whether a parent will cooperate in allowing the ...

How much will my custody case cost?

How long will my custody case take?

This will vary greatly based on the cooperation of both spouses and how much the spouses agree upon. If parties are in total agreement, this can be handled in a few weeks. If you are not in agreement at all and need to go to a custody trial - this will greatly prolong the matter, expect a matter of months, at least. If you need temporary custody orders issued to span the time between divorce filing and final determination - you may be able to have temporary orders set within about a month of the initial filing.

What happens at a custody trial?

You and your spouse are entitled to a trial on the issue of child custody if you cannot reach an agreement otherwise. A custody trial will give each spouse the opportunity to present testimony, evidence, and witnesses related to the determination of child custody. After hearing from both sides, the judge presiding over the trial will determine how custody should be ordered based on the best interests of the children.

Uncover the Truth Behind Child Custody: Do Judges Prefer Mothers Over Fathers?

Do judges prefer mothers for custody? I think the idea that judges prefer mothers over fathers is a sort of a misnomer. What judges look at are the overarching best interest factors of what’s going to suit the child better. In some circumstances, a mother is the best figure for a child to be around, and in others, the father is the best figure to be around. It depends on both sides' argument, often presented by a child custody attorney, that they lodge to the court in terms of what’s going to be best for the child. And that’s where custody generally lies.

Does Marijuana Effect Custody?

Does Marijuana Affect Custody? Marijuana can affect custody in certain circumstances. Generally, what people think is because marijuana is now legal, it's no different than using or having the occasional cocktail or drink when you have a child custody situation at odds. What winds up happening is courts evaluate the level of marijuana, the frequency of use, and whether you're doing it around your children. A child custody attorney can attest that judges sometimes rule in a discretionary fashion on the best interest standards of children. I have seen judges rule that because you use marijuana in the house or around your children or around the custody of your children, you're simply using ...

What are Best Interests Factors for Child Custody?

The best interest factors are a number of factors that were promulgated by the Nevada legislature. These factors are considered by a judge when rendering child custody orders. Some of these factors include the ability of either parent to communicate and cooperate with one another. For example, if two parents are able to communicate with one another in expressing the concerns and best interests for the child, a court will consider whether one parent is communicating better and more efficiently than the other parent. And if that's the case, a judge might go ahead and render a custody order based on one parent's ability to cooperate with the other parent. Additionally, these factors ...

How Do You Get Primary Physical Custody?

Primary physical custody is a custody situation where one parent has substantially more custody time with a child than the other parent. This may look like one party has a child during the schoolweek and the other parents gets the child for weekends. The default is always joint physical custody - a 50/50 split. So to get the judeg to depart from the default and instead award one parent primary custody - that parent will have to demonstrate that it is in the child's best interest to do so.

How to Relocate With a Child?

For a judge to allow one party to relocate out-of-state with a minor child, that party must first make a written request to do so to the other party. If the other party agrees, that will determine the issue very simply. If the other party does not agree or fails to respond to that request, you will need a court order to relocate. The court will consider several factors in determining whether to allow that parent to relocate. The most important factors are whether it would be in the best interests of the child to do so, whether that party has a good faith reason for wanting to relocate and how easy it will be for the other party to retain access to visit that child.