Child Custody and Visitation

In Nevada, the most important concept to remember is “the best interest of the child.”

There is no routine in the courts that favor one party over the other (in a divorce or breakup) when deciding custody. The courts simply use a variety of factors that come under the same subject, “the best interest of the child.”

There are 2 types of custody that must be decided, physical and legal.

Legal custody involves having the basic legal responsibility for a child and making major decisions regarding the child’s health, education, and religious upbringing. Both physical and legal custody must be addressed in any custody agreement or divorce decree. Parties can also hold joint custody, meaning each party must have physical custody of the minor at least 40% of the time (146 days out of 365 days). Parties can also come up with a Holiday Visitation Schedule and have that present in the court order as well.

If parties cannot agree on custody, they are required by statute (in most cases) to go through the Court’s Family Mediation Process.

There are also specific Nevada statutes that address grandparent and third party visitation and custody rights.