Las Vegas Child Custody Lawyer Near You

How is Child Custody Decided in Nevada?

Three main issues must be decided when it comes to a child custody order. Will both parents have joint legal custody? What custody schedule is in the child's best interest? Will either parent be required to pay child support? Legal custody is almost always going to be equally shared by both parents. Child support is simple to figure out once the judge knows both parents monthly incomes and determines the best custody schedule for the child. So what do the family court judges consider when determining a custody schedule?

Here are the main points the judge's focus on. These are referred to as  Best Interest Factors. There are not the only factors, these are just the main factors.

• The ability to provide a safe, stable environment.
• Both parents’ mental and physical health.
• The child’s emotional and developmental needs.
• The  child’s preference, if the court thinks they are mature enough to have a say.
• Any history of abuse, neglect, or domestic violence.
• The level of conflict between the parents and their ability to cooperate with each other.
• A parent's willingness to encourage  the child’s relationship with the other parent.
• A child’s ties to their extended family.

Many of the above factors are within your control. Keep this in mind as you consider fight for primary physical custody. Have you done everything you can to put yourself in the best position to win your custody claim. Are you doing your best to cooperate with the other parent?  Make any improvements you can before court or call our Las Vegas child custody attorneys near you.

What is the Difference Between Legal Custody and Physical Custody?

Not all types of custody are created equally. This is why one of the most important things parents should understand before entering into custody negotiations is the difference between legal and physical custody.

Legal custody and physical custody are two distinct aspects of child custody that define the different rights and responsibilities of each parent. When you have joint custody, it means you share certain rights equally. Nevada law presumes that joint legal and joint physical custody is in the child's best interest unless there is clear evidence to the contrary. 

Here are the major points parents need to know about legal and physical custody.

What is Legal Custody of a Child?

Legal custody is the right to make certain major decisions about your child’s upbringing.

• Where your child goes to school.
• Your child’s healthcare and medical treatments.
• Which religion your child follows.
• Your child’s extracurricular activities.
• Other major decisions in your child’s life.

Joint legal custody means that both you and the other parent equally share the right and responsibility to make these decisions about your child. If you have joint legal custody you are going to need to consult with each other before you make any of these important decisions. But if one of you has sole legal custody, you will have the legal right to make these decisions on your own. The court may award joint legal custody without awarding joint physical custody.

What is Physical Custody?

Physical custody is just that. It is who physically has custody of the child. The parent with physical custody is responsible for the child’s day-to-day care. The default is joint physical custody. If one parent wants primary custody or sole custody, the court must conduct an investigation. Here are the main types:

Joint physical custody: Joint physical custody means your child spends a significant amount of time with each parent. But it doesn’t necessarily mean an even 50/50 split. It just means that your child has frequent and continuing contact with both of their parents. Each parent must have at least 146 days of custody a year for the custody schedule to be considered joint.

Primary physical custody: Primary physical custody means one parent has been appointed the “custodial parent,” and the child primarily lives with that parent. The other parent then becomes the “non-custodial parent,” and they have visitation rights. If you  can demonstrate that joint custody is not in the child's best interest, the court may give you primary physical custody and grant visitation rights to the other. And if a parent is deemed unfit, they may lose custody altogether.

Sole physical custody: Sole physical custody means one parent is awarded sole custody and the child only lives with that parent. The other parent may have limited, supervised, or no visitation rights. Sole physical custody is rare, but it is sometimes necessary when a parent is deemed unfit. The Nevada Court in Roe v. Roe decided the factors for awarding a parent sole custody.

How is Nevada Child Support Calculated?

For child support to be calculated the judge will need to know each parents gross monthly income and what type of physical custody has been determined.

What is Child Custody Mediation in Las Vegas?

All contested custody cases filed in Las Vegas must be sent to mediation. Mandatory mediation is required unless the judge in your case believes mediation would be pointless or both parents are already using a private mediator. In Las Vegas courts mediations are handled by the Family Mediation Center. Called FMC for short. The court will order you both to attend FMC. Which is usually handled over the phone or a video meeting.  During the meeting, both parents are asked about legal custody, physical custody, a holiday and vacation schedule, and health insurance. If the mediation is successful a child custody agreement is drafted for both parents to sign. If the mediation is not successful, the mediator submits a letter to the judge confirming both parents mediated in good faith but a custody agreement could not be reached.

What Does a Nevada Child Custody Lawyer Do?

A good custody lawyer will do everything. They will answer all your legal questions. They walk you through the pros and cons of your case. They will help you create a custody schedule that is likely to be accepted by the judge. They will draft and file all the court documents.  They will negotiate all the terms for the custody agreement like the custody schedule and amount of child support. They will help you with mandatory mediation at the  Family Mediation Center. They will appear in court with you to argue the merits of your case. No attorney can guarantee the outcome of your case, but your chances of winning are much higher if you have an experienced Las Vegas child custody lawyer on your side.

When Should I Hire a Child Custody Lawyer?

The simple answer is, if you think you might need help from a child custody lawyer, you probably do. When it comes to custody, you don’t want to risk making any mistakes that can jeopardize your child’s well-being. Here are the reasons we typically recommend for someone to hire an attorney.

How To Find the Best Custody Lawyer Near You in Las Vegas?

Custody attorneys will typically be divorce attorneys or family lawyers. A good way to find a custody attorney is to Google "Best Custody Attorney Las Vegas". Expand the search to include custody attorneys in North Las Vegas, or Henderson. Any child custody attorney who practices in these cities practices in Clark County Family Court. This is where you custody case will be filed.

Review their reviews. Read their website. Do they have articles about "getting primary child custody", "modifying child custody", and "calculating child support". Articles or vdeos are a good sign they have the knowledge and experience to help.

At Right Lawyers wehave been handling custody cases since 2004. Brittney Salvatore and Meredith Weiner are two of the best custody attorneys in Las Vegas. They handle all types of custody cases, including child custody modifications, child custody relocation cases, termination of parental rights, and child support modifications.

How Much Does a Good Child Custody Attorney Cost?

Uncontested custody cases (No Fight Custody Cases) can be a little as $300 if you both agree and file the documents yourself. Contested custody cases will set you back at least $3,500. Most attorneys bill an hourly rate. At Right Lawyers we only charge a fixed fee. We provide you with an estimate and that is all we charge for those tasks.

How Do I Start My Custody Case?

The first step in every custody matter is to decide if it is contested or uncontested. If  you and the other parent can resolve the issue (uncontested), look at filing court documents together. If you and the other parent cannot agree (contested), our first piece of advice is download our Custody Guide and schedule a call with our Las Vegas child custody attorneys.  During the consult the attorney will answer all your questions and draw out a plan for getting the custody agreement you want.

Call Right Lawyers at (702) 914-0400 to get help with your custody case in Nevada. We can help you win your child custody case.

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