Parents will either share joint physical custody of the children, or one parent may be awarded primary or sole physical custody.
Parties who share joint physical custody each have custody of the children approximately half the time. Typically, courts in Nevada will still consider a custody schedule to be joint physical custody even if the time division isn’t perfectly 50/50. Usually, joint physical custody is extended up to approximately a 60/40 split in time. Joint physical custody is typically the standard arrangement unless the Nevada Best Interest Factors warrant otherwise.
Sometimes one parent can be awarded primary physical custody if it is in the best interests of the children. The Nevada Best Interest Factors are spelled out under NRS125C.0035(4). According to the statute, the Court weighs the following factors in determining the best interests of the children:
A parent is typically considered to have primary physical custody if the children are with them more than 60% of the time. Some parents may be awarded sole physical custody, meaning the other parent has little to no visitation, under extenuating circumstances.
Parents can determine a custody schedule that works best for their children. This may include week-on/week-off, 3/4/4/3, or 1st-3rd-5th weekends. Carlson & Work can help you explore different custody schedules that comply with joint or primary custody and serve the best interests of the children in promoting stability and preserving their ability to participate in extracurricular activities.