Primary custody or primary physical custody is when one parent is responsible for important decisions and the hands-on, day-to-day parenting of a child or children.
A parent with primary custody is responsible for the child’s direct care and has authority over the child’s health, safety, and welfare. This includes providing a home, financial support, daily essentials such as food and clothing, education, sports, and activities, medical care, and more.
Unless one parent is proven unfit or parental rights have been terminated, judges typically support joint custody in Nevada as they believe it’s in the children’s best interest to get equal care, attention, and support from both parents.
If you are working through a child custody arrangement and need legal guidance, contact our law firm today: (702) 553-3266.
How Do I Get Primary Custody?
There is no bias toward mothers or fathers in child custody cases in Nevada. Judges make a decision based on a parent’s ability to keep a child safe and away from harm, as well as an ability to meet the child’s everyday needs.
To be awarded primary custody of your children, you must prove your spouse is unfit. It’s rare in Nevada to be awarded primary custody unless there’s a specific reason. Our attorneys can help you attain this arrangement with evidence and proof that sole custody is in your children’s best interests.
Certain circumstances warrant sole custody, such as domestic violence, neglect, or unfit parenting. An unfit parent is any parent that fails to provide proper care, guidance, and support—mental, physical and financial.
What is Joint Custody?
In a joint custody situation, both parents are responsible for making major life decisions regarding their children. Under Nevada law, there is a preference for joint custody as most judges want to see both parents playing an essential role in their children’s lives and being accountable for decisions as they would have in a marriage.
The rules state that children must live with their parents at least 40 percent of the year.
In a joint custody agreement, as many people ask, each parent’s gross monthly income is multiplied by the percentage. Amounts are subtracted from each other, and the parent that earns a higher income pays the remaining amount.
There are many benefits of joint custody for children and parents. It’s less disruptive for kids and allows for time with both parents despite separate homes, and it offers structure and some routine for everyone involved. The shared financial responsibility, mutual decision-making, and equal responsibility are helpful for parents following the hardships of divorce.
Can an Attorney Help Me Get Primary Custody?
The idea of not seeing your children every day can be heartbreaking. It’s natural to want to fight for primary custody. In the instances primary custody is in the best interest of your children, you can increase your chances of winning by securing an experienced divorce attorney.
A battle best fought with legal representation, we can leverage your proof against your spouse, especially if you have evidence of neglect, unfit parenting, or domestic violence in your home. We must show that you are responsible for making daily and emergency decisions on behalf of your children and that their overall welfare is safe in your hands.
Young children also can voice their opinions and express any concerns—and a judge may be willing to listen if they are mature and of a certain age.
Contact our legal firm to discuss your child custody case and how we can help fight for your children and their best interests: (702) 553-3266.