Can I File For Sole Legal Custody?
Today the question comes to us from Marina.
Marina is going through a divorce and she has a five-year-old daughter. She and her husband are going through a divorce after being married for about 10 years. They have been living together.
Marina is primarily in the care of her daughter. Her husband works out of state and comes home on the weekends. Marina 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.
Now that they’re going through a divorce Marina is 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. So, therefore, for us to go against that we must prove either that one of the parents is unfit, or is 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 in the best interest of the children. So we must show the court that a parent is abusive, neglectful, unfit, and really has no responsibility when it comes to the children’s legal decisions for us to make a good argument that Marina is the better parent to have the legal.
We must look at every fact in the case as it is with every family law case. But I want you to understand 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.
Nothing is more important than your family. LJ Law is a Family Law Firm in Las Vegas, Nevada. We offer help in cases such as Divorce, Child Custody and Visitation, Child Support, Pre and Post-Nuptial Agreements, Annulments, Alimony, Adoption, Guardianship, Paternity and much more.
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