When parents separate or divorce with children and need the court to intervene, they may get lost in the legal jargon. You may hear terms like legal custody vs. physical custody and wonder how they differ and what impact they have on your rights. This confusion can make you feel powerless or worried about your child’s future. Fortunately, our experienced attorneys can arm you with knowledge to protect your family and your rights as a parent.
At Mills & Anderson, our Las Vegas, Nevada child custody lawyers believe communication is a strength. We keep our clients informed and guide them through every aspect of their family law cases, and we can do the same for you. Below, we walk you through the different forms of custody in Nevada, what rights each parent has, and how the courts decide on custody when parents can’t agree.
Learn how we can help you by calling (702) 386-0030 or sending us an online message today.
What Is Legal Custody vs. Physical Custody?
When a court determines each parent’s rights in a family law case, it can grant sole legal or physical custody to one parent or the other, or joint legal or physical custody to both. To better understand what your custody decree might mean, let’s take a look at how the law defines these terms.
Legal Custody Meaning
Legal custody dictates who makes important decisions about a child’s life. This may include decisions about the child’s healthcare, major life activities, and education. As you likely know, these matters can be the source of many conflicts between parents. Having a comprehensive legal custody order can help prevent disputes and maintain peace.
Physical Custody Meaning
A physical custody order decides where a child lives from day to day. Depending on each parent’s abilities and the child’s needs, a court might decide to have the child reside primarily with one parent or split their time evenly between two households.
How Legal and Physical Custody Can Overlap
Although there is a clear difference between legal and physical custody, they can overlap.
Two significant ways physical and legal custody can be similar include:
- Parent has physical but not legal custody. A parent with physical custody but not legal custody still has the right to make “smaller” decisions about their child’s care, such as what they eat and how they entertain themselves in the home.
- Parent has legal but not physical custody. The parent will often still have a say regarding where the child lives. For instance, a parent with sole or primary physical custody who wants to relocate far away with their child must obtain permission from the parent without physical custody or seek a court order before moving.
Understanding how custody can overlap can help you stand up for yourself in tense parenting situations. Knowing more about the law can help you seek court intervention at the right time to protect your child and your rights.
What Are Each Parent’s Custody Rights?
In Nevada, parents have equal custody rights unless a court finds a reason to limit them. The family court often grants joint legal and physical custody to parents. However, the court does give one parent greater rights than the other if joint custody is not in the child’s best interests.
How the Court Determines Custody When Parents Aren’t Together
Courts in each custody case must look to the best interests of the child standard to decide both legal custody and physical custody matters.
Factors used to determine this standard include:
- The child’s wishes, if they are old enough and intelligent enough to decide;
- Each parent’s ability to care and provide for the child;
- The type of environment each parent can provide for the child;
- Whether either parent has a history of engaging in abuse, abduction, or neglect;
- The child’s needs;
- Each parent’s ability to foster a relationship between the child and the other parent;
- The type of relationship the child has with each parent;
- The parents’ ability to cooperate with each other;
- Each parent’s mental and physical health; and
- The child’s ability to maintain relationships with any siblings.
Sometimes, Nevada courts consider parents’ custody agreements when making their decisions, but the agreement must also be in the child’s best interests.
Why This Matters
Understanding the difference between legal and physical custody can help you see what rights you have and what you’re fighting for.
Consider the following examples:
- If you care deeply about having a say in decisions like education or healthcare, you want to ensure you have or pursue significant legal custody rights;
- If you want to have your child live with you for a significant time, you might focus on physical custody and parenting time; and
- If you and the other parent can cooperate regarding the child’s living situation and major life needs, you may want to consider seeking joint custody, especially since Nevada law generally favors it.
We can help you develop a custody plan that is the best for your child and respectful of your parenting needs.
Our Role at Mills & Anderson
Family is all about collaboration, and so are we. At Mills & Anderson, we maintain open lines of communication with our clients, and our highly experienced attorneys collaborate to find the best solutions for Nevada families.
We can help you with:
- Identifying your legal needs,
- Gathering the strongest evidence to protect your interests,
- Filing any necessary petitions or motions,
- Negotiating fair agreements with the other parties, and
- Making strong arguments for you in court.
We help craft plans tailored to you and your child’s best interests.
Contact Us Today
At Mills & Anderson, we want your family life to work for you, so we work with you to get the best results. We have decades of combined experience and receive top reviews from our clients. If you have questions about your specific situation or need help crafting or modifying your custody arrangement, we’re here for you.
You can contact us by phone at (702) 386-0030 or by reaching out online today to schedule a consultation.
Resources:
- Joint legal custody, NRS § 125C.002 (2015), link.
- Joint physical custody, NRS § 125C.0025 (2015), link.
