Legal Child Custody & Physical Child Custody

Child custody involves two separate concepts: legal custody and physical custody. Legal custody is often confused with physical custody, but it is important to know the difference. Physical custody is where the child(ren) resides, whereas legal custody involves having basic legal responsibility for a child(ren) and making major decisions regarding the child(ren), including the child’s health, education, and religious upbringing.

Legal Custody

Sole legal custody gives this right with one parent, while joint legal custody gives this right to both parents. Joint legal custody requires that the parents be able to cooperate, communicate, and compromise to act in the best interest of the child(ren). In a joint legal custody situation, the parents must consult with each other to make major decisions regarding the child’s upbringing, while the parent with whom the child(ren) is residing with at the time usually makes minor day to day decisions.

Joint legal custody can exist regardless of the physical custody arrangements of the parties. Also, the parents need not have equal decision making power in a joint legal custody situation. For example, one parent may have sole decision making authority regarding the child’s education and the other spouse makes decisions regarding healthcare. If the parents in a joint legal custody situation reach an impasse and are unable to agree on a decision, then the parties may have the Court decide what is in the best interest of the child(ren).

Physical Custody

Physical custody involves the time that a child(ren) physically spends in the care of a parent. During this time, the child(ren) resides with the parent and that parent provides supervision for the child(ren) and makes the day to day decisions regarding the child(ren). Parents can share joint physical custody, or one parent may have primary physical custody and the other parent may have visitation rights.

In determining custody of a minor child(ren) the sole consideration of the Court is the “best interest of the child”. The policy of Nevada is to advance the child’s best interest by ensuring that after divorce minor child(ren) have frequent associations and continuing relationships with both parents and to encourage parents to share the rights and responsibilities of child rearing.

To further this policy, the Nevada Legislature adopted the laws to educate and encourage parents regarding joint custody arrangements. The laws encourage parents to cooperate and work out a custody arrangement before going to Court. The purpose is to ensure the healthiest psychological arrangement for child(ren) and minimize the adversarial “winner take all” approach to custody disputes.

If you and your spouse cannot agree which parent should have custody of the minor child(ren) the Court will make that decision for your by analyzing what is in the “best interest of the child”, taking into account the ability of each spouse to raise the child(ren), what would be the most stable environment for the child(ren) and other factors. Both spouses may be required to submit to an evaluation to determine these factors.

The physical custody arrangement is legally important for three reasons. First, it determines the standard for modifying physical custody. Second, it impacts the procedure if a parent wants to move out of state with the child(ren). Third, the physical custody arrangement affects the child(ren) support award. These rules are complex and constantly changing and it is wise to seek legal counsel on custody issues.

Contact our office to talk with a Custody Attorney. Call (702) 914-0400.