When parents divorce or separate, they have to address their parental responsibilities. Shared custody is the standard. In fact, under Nevada law, there is an expectation of joint custody in any situation where parents live separately regardless of their marital circumstances.
That being said, parents often have to negotiate carefully with one another or prepare for litigation if they hope to establish effective and reasonable shared custody arrangements. In cases where parents don’t reach a custody arrangement through mutual agreement, they may have to litigate.
A Nevada family law judge can apply state statutes to family circumstances to divide parental rights and responsibilities. What do parents need to know about litigated custody matters?
There are two main types of custody
Nevada state statutes recognize two distinct forms of custody. Parents often worry quite a bit about physical custody, which includes parenting time. Judges must divide physical custody in a reasonable manner based on the needs of the children and the abilities of the parents.
A parent with physical custody has time with them and also has an obligation to meet their basic needs. The parent with physical custody on a particular day might have to leave work if their child falls ill at school, for example.
Judges also have to allocate legal custody or decision-making authority. Legal custody gives a parent the right to enroll their child in school or make arrangements for their medical care. In a shared or joint legal custody scenario, parents have to communicate about their children and reach an agreement regarding major upcoming decisions.
Many factors influence custody
Most of the time, judges prefer joint custody scenarios where each parent has a degree of decision-making authority and liberal amounts of parenting time. They may award sole custody in scenarios where one parent is incapable of meeting the needs of the children or might put them at risk due to negligence or abuse.
Judges making determinations about contested custody matters have to consider everything from the age of the children and their pre-existing relationship with the parents to each parent’s living arrangements and criminal record. In all but the most egregious of situations, parents can anticipate a court order requiring that they share time with their children and authority regarding their upbringing.
When people understand what happens in contested custody cases, they may find it easier to cooperate with one another. Learning more about Nevada’s approach to child custody can help parents prepare for negotiations.