Child Custody - Reno Family Law Attorney - MJ Caffaratti Law
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Child Custody

Custody battles have a well-deserved reputation for being difficult and time consuming. Often following a divorce the struggle between two parents can become petty and vindictive, with one side attempting to shut out the other completely.

Some situations may warrant seeking full custody, such as when one parent cannot care for a child properly. If you are in a battle for custodial rights, you may be worried about not being treated fairly and potentially losing the legal right to care for your child.

We understand that custody cases are deeply rooted in emotional turmoil. With over a decade of experience in helping people fight for custody, we will use the knowledge at our disposal to ensure your case reaches a desirable outcome.

Child Custody in Nevada

There are two types of custody: legal and physical. Physical custody refers to where the child lives. The parent with physical custody provides supervision and makes the minor day-to-day decisions concerning the child.

Parents can share (joint) physical custody or one parent may have primary physical custody with the other parent having the right to visitation. The court also has the power to deny visitation or order supervised visits depending on the specific facts of the case.

In Nevada, it is not necessary that a child split time equally (50/50) for parents to have joint physical custody. Joint physical custody exists where one parent has the child at least 40% of the time. Legal custody, on the other hand, refers to the parents’ right to make major life decision concerning the child, such as, the child’s education, religious preferences, and health care decisions.

In almost all cases, the court awards parents joint legal custody regardless of the physical custody arrangement. In Nevada, there is a presumption that joint legal custody is in the child’s best interest. Although the court has the power to give one parent sole legal custody, it is rare. The court will make that determination on a case-by-case basis depending on the specific facts of the case.