What are the Nevada Child Custody Laws?
Child Custody Laws in Nevada are decided upon by the court based on which parent has a better capability to care for and raise the child. While marriage may lead to a divorce, the children should not have to suffer because their parents separated. This holds especially true where factors such as their education, health, and overall well-being are taken into consideration. In the State of Nevada, there are two kinds of custody - Legal and Physical Custody.
Legal Custody grants the parent the right to make important decisions for their child until they reach the legal age where they are considered as adults. Physical Custody determines which parent the child actually lives with. The Child Custody Laws ensure that both parents may enjoy joint legal custody, even if they don't share joint physical custody over their child.
What Are the Laws on Child Custody in the State of Nevada?
The court decides which parent will be the primary caregiver for the child based on a variety of factors. The parents themselves have a say in who the child stays with as well. In situations where the parents want joint custody, they will usually be granted that, unless the court sees any reason to believe that such a decision could be detrimental to the child's overall development.
In situations where the parents are unable to come to an understanding, the court will intervene and decide on which parent has is better suited to being the primary caregiver for the child. Child Custody Law takes into consideration those factors that determine the previous lifestyle of the child, and how to either maintain such a standard of life or to improve it. The court will not come to a decision where they feel that the child's experience of life could be adversely affected.
In this state, both joint custody and sole custody are allowed. Child support is not determined solely by which parent has custody, but on the basis of which parent is better suited to economically supporting the child in matters such as education, medical expenses and extra-curricular the child has shown interest in.
Joint physical custody is permitted, where the parents can prove that such custody will help the child and is useful to their holistic development. In Nevada, if a child spends either 60% or more of their time with one parent, then such a situation shows that the parent they live with has been granted sole physical custody over the child. Where the child spends 40% of their time with either parent, that is 40% with one parent and an additional 40% with the other, then they share joint physical custody over the child.
It is easier to obtain joint legal custody over the child, where both parents can make relevant and important decisions in the child's life. Joint physical custody is not required to obtain joint legal custody. Physical Custody simply shows which parent the child will be primarily living with, while legal custody allows for making decisions that can affect the child's overall life experience.
What Factors Are Relevant for Retaining Custody under Nevada Child Custody Laws?
The main factors taken into consideration when deciding upon matters related to child custody pertain to the child's previous experience of living with their parents. The child's opinion is taken into consideration as well, but more important factors include which parent was the primary caregiver, which parent is better suited to meeting the emotional needs of the child, which parent is better economically suited to aiding the child as well as which parent can continue to allow the child to be raised using the same religious values the child was used to during the major course of their life.