Navigating the Child Custody Process in Nevada
Plenty of couples can agree that a divorce can be a grueling process that leaves the children of the terminated marriage emotionally distressed. Throughout a divorce, many questions can arise regarding how to best resolve the matter of child custody. As it can be an overwhelming and stressful process, it is important to remember some key points regarding child custody in Nevada.
The Court’s Role
Custody of the child should be decided by the parents, however, if they cannot make a decision, the court will intervene. The court makes the decision of who shall receive custody based on the best interests of the child (NRS 125C.0035). A judge has the ability to grant “teenage discretion” when the child in the custody case is of teenage age. This allows the child to make requests about the custody decision that will be considered by the court.
Types of Child Custody
There are two types of custody that the judge will grant to the parents. The first is legal custody, which involves which parent will make decisions for the child. The second type of custody is physical custody, which entails who the child will live with.
Kinds of Child Custody
The courts will either grant joint custody or sole custody. Joint custody allows each parent to have equal legal and physical custody of the child. Sole custody grants total legal and physical custody of the child to one parent.
Factors Considered by the Court
Judges take an extensive list of factors into account when determining the custody of a child. A few that are considered include:
- Which parent has been the primary caregiver for the child
- The ability of the parent to meet the child’s needs
- The parent’s mental and physical health
- The emotional, developmental, and physical needs of the child
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