Parents will either share joint physical custody of the children, or one parent may be awarded primary or sole physical custody.
JOINT 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.
PRIMARY PHYSICAL CUSTODY
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:
- the child’s ability to maintain contact with siblings
- the mental and physical health of both parents
- the child’s physical and emotional needs
- any history of abuse
- the child’s wishes, if the child is of sufficient age and intelligence to decide
- the child’s relationship with each parent
- the level of conflict between the parents
- whether either parent has committed an act of abduction against the child or any other child
- each parent’s willingness to encourage a relationship between the child and the co-parent
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.