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

Temporary orders are rules a judge makes to span the time between the initial divorce filing and when the case is ultimately resolved with a final divorce decree. Temporary orders may pertain to child custody, child vistation, child support payments, spousal support payments, or exclusive use of the parties' primary residence. Often temporary orders are necessary to prevent chaos during the months that the divorce case is pending.

What is the Difference Between Legal & Physical Custody?

Legal custody refers to a parent's right to make decisions about the child's health, schooling, and general welfare of the children. Parties typically have joint legal custody, which means the court is expecting parties to work together to make these decisions for their children. Physical custody is who has physical possession of the child. Parties may share joint physical custody or one party may have primary or sole physical custody of the child. Primary physical custody is demonstrated by one party having the child with them 60% or more of the days in a calendar year.

Factors of the best interests of the child for determining custody

Best Interest Factors for Determining Custody

Divorce attorney Stacy Rocheleau explains Nevada's Best Interest Factors. These are the factors the courts look at in determining custody.

Best Interest Factors Used by Family Courts to Determine Child Custody

The Las Vegas family court uses the best interest factors to determine custody rulings. Their are around 11 main factors that you should consider if you are looking to file for child custody.

Can a Parent Leave Nevada with a Child?

It depends on a few factors. First, you need to consider what type of physical custody arrangement is in place. If you have sole physical custody or primary physical custody of your child, making the request to relocate with that child will be a lot easier. In order to relocate, you must have a 'good faith' reason for doing so - this may be a job change, a need to care for a family member, etc. The other thing the court will consider is how easy it will be for the non-primary parent to be able to retain their visitation access. The easier you make it for the other parent to visit that child, the more likely the court is to grant your request to relocate.

Las Vegas Divorce Attorneys

Only a person who has experienced a divorce can understand how emotionally trying it can be. Spouses don't spend their marriage believing they will divorce, so finances and assets become extremely intertwined, making it difficult to split. Furthermore, any divorce that involves children may require a very careful approach. Most legal action involves two strangers who were involved in a car accident together or an employee and their employer. Although these types of cases can be exhausting for all parties involved, divorce stands out as a particularly difficult process. No matter what type of relationship a person has with their spouse, there is an inherent amount of emotional investment ...

Does a Party Need a Custody Order to Leave the State?

In this video, divorce attorney Meredith Weiner discusses if you need a custody order to leave the state. A party does not need a custody order to leave the state, however a party needs a custody order to bring his/her children out of the state. If you leave the state without your children you are making a stronger argument for your spouse to gain primary custody.

When Can a Party Modify Child Support?

Divorce attorney Meredith Weiner explains in this video when a party can modify child support. There are three events that can trigger a modification to child support in Las Vegas: (1) a change in income of more than 20%; (2) any change in the custodial arrangement and (3) every three years a party can file a motion to reevaluate child support.

What is the Process for an Uncontested Divorce?

Well, it starts with a husband and wife filling out our joint petition worksheet, which is on our website. This worksheet will walk them through all the different areas that they need to agree to and gives them a little bit of advice on how to agree to it or what to agree to. They fill this out, they send it to us, and we draft up the documents. It takes us about four to five days to have those documents ready, and we send it back to the husband and wife to review. They make any suggested changes; they give us any edits, maybe we spelled something wrong, and we fix that. But the most important thing is that the terms of the uncontested divorce are agreed to – that they have reached an ...

What is a COPE Certificate?

In this video, divorce attorney Rock Rocheleau discusses a COPE certificate. In Nevada, parents getting a divorce that have children or parents that are finalizing a custody order have to go through a parenting class, known as a COPE class. The class is completed online and teaches how to coparent.