Physical vs Legal Custody

physical vs legal custody reno family lawyers

The Primary Types Of Child Custody In Nevada

Nevada law describes two types of child custody to explain a parent’s legal duties in a divorce case

The court can award a single parent or both parents sole or shared custody. A parent who has physical custody means the child lives with them at least part-time. A parent with legal custody has the right to make major decisions related to the child’s welfare.

To provide additional information about child custody in Nevada, our Reno family law attorneys describe the difference between physical and legal custody.  

Child custody is determined by mutual agreement from both parents or by a Court decision. Each parent has joint legal custody and joint physical custody until an arrangement is made final by the Court.

Physical custody considers how a child is cared for on a daily basis. The Court will consider who the primary caregiver is and will try to preserve the current home arrangement if possible. Research shows the stability of the child is crucial to their development. If the parties cannot agree to joint physical custody, the Court will consider additional factors set forth in NRS 125. 

Legal custody gives one or both parents the right to make important decisions on behalf of the child. Important decisions can include:

  • Education 
  • Religious practices
  • Medical procedures

Occasionally the court will award a parent physical custody and sole legal custody, but that is not always the case. If both parents are fit to make reasonable decisions, joint legal custody is often preferred by the Court. 

Need a Nevada Custody Lawyer? We Can Help

Our Reno Child Custody Lawyers at Carlson & Work are here to help. In life, there is no job more important than a parent’s. In law, there are few cases more rewarding than protecting or restoring a parent’s rightful position in their child’s life.

To find out how Carlson & Work can assist you with your divorce, you can call them at 775-386-2226 and schedule an initial consultation. Carlson & Work helps people from Sparks, Reno, and other nearby areas in Nevada.

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