Child Custody Attorneys in Reno | 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.

It’s important to note that if custody has not been established by the court there is a presumption that joint physical custody is in the child’s best interest.

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.

What’s the difference between custody and Visitation?

Visitation allows a parent to visit with his/her child. Things like where the visits take place, parental supervision and how often visits take place are all things that will be decided in a Nevada Court.

Unlike legal custody, visitation does not give a parent the right to make major decisions about the child’s well-being. A parent must have either sole or shared legal custody in order to make decisions about education or medical care matters for the child.

Unlike physical custody, a child will not live long-term with a parent who has visitation rights. The child may be able to have overnight, weekend, or even longer visits with the parent, depending on what the judge decides.

Reno Custody Lawyer

If you’re currently in a dispute with your child’s parent it can be a good idea to get the help of an attorney. While going though a legal separation and divorce, keeping the best interest of your child at heart is a priority for every parent. We can help you fight for your parental rights, file for custody and create a custody agreement that works for all parties involved.