Child Custody, Visitation & Support
What to Expect in Child Custody Litigation
What to Expect at a Child Custody Trial How to Prepare, What the Court Looks For, and How an Experienced Family Law Firm Can Help
December 1, 2025
At Carlson & Work, our Reno child custody lawyers understand that nothing matters more than your relationship with your child. Custody disputes can be emotionally overwhelming, but you don’t have to face them alone. Our attorneys are here to protect your parental rights and help you secure a custody arrangement that serves the best interests of your child.
Recognized as Northern Nevada’s top-rated family law firm, Carlson & Work has helped countless parents achieve fair custody and support outcomes. Call us today to schedule your confidential consultation with a trusted Reno child custody attorney.
Our Reno child custody attorneys know that custody disputes are among the most challenging issues a parent can face. These cases are often emptionally charged and legally complex. Parents need an advocate who can balance compassion with strategic skill.
Not every custody case has go to court. Our attorneys work to resolve disputes through negotiation and mediation whenever possible. If trial is unavoidable, we bring extensive litigation experience and proven trial results to protect your rights. We’ve successfully settled hundreds of custody cases in Reno and Washoe County family court. Our team is prepared for every scenario.
Your role as a parent is irreplaceable. Nevada custody law is guided by the best interests of the child standard. Whether issues involve legal custody, physical custody, visitation schedules, or child support, we fight to ensure your child’s well being is prioritized.
Custody cases are often heard by a local judge with specific expectations and requirements. Our firm’s professionalim and expertise of Washoe County Family Court gives us an edge in preparing persuasive arguments and anticipating the other side;s tactics. Parents across Reno, Sparks and Northern Nevada turn to us because of our reputation.
To understand your options, call us at 775-386-2226 to schedule your confidential consultation. Carlson & Work serves families across Reno, Sparks, and nearby areas.
When deciding custody, Nevada courts focus on what arrrangement serves the best interests of the child. Judges may consider:
Nevada child custody laws are designed to protect the best interests of the child, which is the guiding standard for every case. In Reno family law courts, judges evaluate multiple factors under NRS 125C, including a parent’s ability to meet the child’s emotional and physical needs. The court wants to see if each parent is willing to foster a positive co-parenting relationship. And more specifically if they are prioritizing the child’s well being is over conflict.
At Carlson & Work, our Reno child custody lawyers take the time to understand your goals and concerns. We develop a clear strategic plan to help you pursue custody and visitation that protects your parental rights.
The term “legal custody” describes a parent’s right to decide on important aspects of a child’s care. Some examples of this are:
In addition, legal custody pertains to major life decisions surrounding the children such as medical or educational choices. Parents typically share joint legal custody of children even if one parent sees the children more often than the other, but sometimes the Court will award sole legal custody to a parent based on certain circumstances. When parents ordered to share legal custody have a dispute about a decision regarding their children, parents can ask the Court to decide in their favor.
Typically, if a parent has physical custody, they will also have or share legal custody. However, it is possible for courts to award a parent with joint legal custody even if that parent does not have physical custody.
In Nevada law, legal custody refers to the right of either parent to make the most central and important decisions as they relate to your child’s life. The main area that family law and custody lawyers can assist in is determining (1) the schooling of their child including where the child attends, (2) the religion of their child, and where the child attends (3) any medical decisions as they relate to your child.
For more information, read our related article that explains how physical and legal custody are different in Nevada.
The term “physical custody” describes a child’s living arrangements.
A parent is considered to have primary physical custody of a child if the child spends over 60% of their time living with them.
Parents who have joint physical custody is a child spends 40% or more of their time living with both of their parents.
Physical custody relates to determining the schedule in which the children visit with each parent. Physical custody and visitation in Nevada are determined by the Nevada Best Interest Factors.
In Nevada law, physical custody primarily relates to the physical living arraignment the family law court determines is best for your child. In the simplest terms, physical custody determines where and when your child is at any given time and which parent has the legal write to their child at any given time. If a family law judge orders that one parent occupies more than 60% of their child’s time, it will be determined that the parent holds primary physical custody of their child.
Carlson & Work has successfully fought to obtain joint and primary custody for many of our family law clients.
Joint legal custody is the most common form of legal custody awarded in Nevada. Unless there is a judicial order stating otherwise, joint legal custody is presumed. In joint legal custody, both parents share the ability to make major decisions about their child, and further, have to consult with one another regarding these major decisions.
Sole legal custody means that one parent alone has the right and responsibility to make major decisions about the child’s life. Those decisions include: education, medical care, and religion. This arrangement is less common in Nevada because courts generally prefer both parents to share decision-making.
However, a judge may grant sole legal custody if they determine that one parent should have full authority to make these important decisions, and that it would not be in the child’s best interest for the parents to share that responsibility.
When a court is facing a child custody case, there are several factors that a judge considers to make his decision. Ultimately, the judge will decide based on whatever is in the “best interest” of the children. At Carlson & Work, our qualified family law attorneys can help prepare you for your child custody case.
The best interest of the child refers to the judge’s process of deciding which parent is best fit to take care of the child and which custody arrangement will benefit the child the most. The best interest of the child standard is meant to protect the well-being of the child.
While the court considers many factors when deciding a child custody case, some of the main factors that are looked at include:
Child custody battles can be complex and emotionally challenging. An experienced attorney specializing in family law understands the intricacies of child custody laws and has extensive knowledge of relevant legal processes. They can guide you through the legal system, explain your rights, and provide sound legal advice tailored to your specific situation.
An experienced child custody attorney can assess your case, gather necessary evidence, and effectively present your side of the custody dispute. They can assist in obtaining relevant documentation, such as financial records or character references, and develop a strong argument to support your desired custody arrangement.
The judges often consider the following in determining which custody arrangement will be in the best interest of the child: The child’s wishes, if the child is already of sufficient age, and if they are able to make an intelligent decision or preference.
A parent can only file for a petition in Nevada if their child or children has been living in the state for at least six months, although there are exceptions to this rule. If the child or children has not been in Nevada for the six-month duration, legal counsel is highly recommended before filing any motion or petition.
There are two different methods used to decide custody in Nevada.
The parents can mutually agree on custody, or custody can be determined by the courts.
Parents with be assigned joint physical and legal custody before the custody arrangement is finalized by the courts.
Joint custody is determined to be in the child’s best interest when parents have agreed to it.
The court may also award joint custody if it can be demonstrated that both parents have worked to build a meaningful relationship with a child.
Joint custody can be awarded even if one parent tries to damage the other parent’s relationship with their child.
In some cases, a parent may make false statements to try to strengthen their position in a custody dispute. A parent could claim that the other party abuses drugs or has committed domestic violence or spousal rape (NRS 200.373).
Yes, in Nevada it is required for parents to participate in mediation during custody disputes. Parents will try to come to an agreement on custody during this time.
If parents are unable to come to an agreement, custody will be determined by a judge.
When deciding custody in the state of Nevada, the mother is not automatically favored.
The sole consideration is the child’s best interest. Joint physical custody will be granted if the court decides that is in the best interests of the child.
After the judge has made a decision, it is legally binding.
Regardless of whether the parents are divorced, or not married, Nevada courts prefer a joint custody setup with regards to children. But the child’s best interests are taken into consideration when giving primary physical custody to either one of the parents.
Nevada courts do not favor one parent over the other and base their ruling on the child’s best interests. If the child or children is young or has young siblings, it may be in their best interest to primarily be with the mother. Either one of the parents has primary physical custody if the child resides with at the particular parent at least 60% of the time. The court may also grant sole custody to a parent if it is in line with the child’s best interest.
A parent and his or her environment can be deemed unfit if the court has determined that they have an addiction to vices such as drugs or alcohol, mental disorder, has been abusive, has neglected or failed to give proper care for their child or children.
Motions can be refused if they do not adhere to the procedural requirements. It can be refused by the clerk for filing and may be refused by the judge for a hearing.
Nevada NRS 126 states that parentage is not determined by marital status. Instead, a parental relationship is determined when:
It has been determined by the Supreme Court of Nevada that custody arrangements can be enforced between same-sex partners.
It only matters that both parties have agreed to be parents. These factors are not considered:
As an example, two men might choose to have a child together. One party will provide sperm. The eggs will be donated. A surrogate will carry the child.
If there isn’t a written agreement in place, the surrogate could be assumed to be the mother of the child. However, if a contract is signed, parental relationships will be determined. The surrogate and the egg donor will not be considered to be parents.
Courts can give custody to someone other than a child’s parents, but this will only be done in situations where:
A parent that has not been awarded custody can still be given visitation rights by a judge. This can be determined via court order.
When the order is granted, it must specify visitation terms and times.
It is necessary for the terms to be specific so that it can be enforced and so that the best interests of the child can be protected.
If the custodial parent does not allow a parent their legal visitation, the court can award that parent with additional visitation time.
Both parents have the option of petitioning the court and requesting a modification to the custody agreement.14 A custody agreement may be modified for a number of reasons, such as:
Even if a parent has primary physical custody of a child, they can only move out of state when the other parent or the court provides consent.
This rule covers all out-of-state moves, as well as in-state moves that would impact the other parent’s ability to maintain a meaningful relationship with their child.
If a parent that doesn’t hold custody refuses to agree to a reasonable moving request, there many be consequences. For example, courts may order the other parent to cover attorney’s fees in situations where:
If a parent with custody wants to move out of state, they must demonstrate to the courts that:
Courts may also look at whether it will be possible for the other parent to continue to have a meaningful relationship with their child after moving.
In Nevada, there are consequences for child custody order violations. Examples of child custody agreement violations are:
Punishment for Nevada custody agreement violations can include a prison sentence of 1 to 4 years
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