Can I File For Sole Legal Custody?
Today the question comes to us from Marina. And she is referring to sole legal custody. She is going through a divorce with her husband. She has five-year-old daughter and wants to file for sole legal custody because she states that she has had the primary care of making all the decisions for her daughter’s schooling, religion, and medical.
Marina’s husband works out of state, comes home on the weekends. She has the primary physical care of her daughter most of the time as well as all the decision rights for her daughter because her husband is gone most of the week and comes home only on the weekends. So now that they’re going through a divorce Marina stating that she wants primary physical custody, and sole legal custody.
As I explained to Marina, the courts in Nevada, prefer to have the parents share equity of the children because they believe that that is in the best interest of the children. Therefore, for us to go against that we must prove either that one of the parents is unfit or abusive to the child. In legal custody specifically, the courts feel that the parents have a constitutional right to their children to make legal decisions. For us to try to take legal custody away from one parent and give it solely to another parent is a very difficult burden to overcome, based on the court’s belief that the joint custody is a preference, and it is best interest of the children.
We must show the court that one, dad is abusive, neglectful, unfit, and really has no responsibility when it comes to the children’s decisions, legal decisions for the child for us to make a good argument that Marina is the better parent to have the sole legal custody of the child.
We must look at every fact in the case as it is with every family law case. But I want you to understand Marina as well as everyone here. That the courts in Nevada begin with the preference of joint legal and joint physical custody because they believe that is in the best interest of the children. Marina, I hope that this has answered your question.
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