What is Primary Custody?

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.