Child 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.

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 ...

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.

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.

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.

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

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.