What Are The Types Of Child Custody And What Do They Mean?
Today, I want to talk to you about child custody and the differences that exist. There’s a lot of confusion between clients and prospective clients that call me, as to the types of custody and what they mean. I just want to quickly clarify this for all of you in hopes that it can help you understand the differences in the custody.
We have two types of custodies in Nevada. There is legal, and then there is physical.
Legal custody allows you, the parent, to make legal decisions for your child. To have inputs on legal decisions such as education, such as health, such as religion. Legal custody is divided into two: there is joint legal custody where both parents have equal rights to make legal decisions. And then there is sole legal custody where only one parent is given that right. Most of the times, I’m going to tell you 99.9% of the times, the courts will grant joint legal custody to both parents because they believe that it is a constitutional right for the parents to have legal rights to their children unless they forfeit their right or they terminate their parental rights.
The other type of custody is physical custody. Physical custody talks about the timeshare. Where is the child living? How long the child is living with each parent? It’s a parenting plan, so to speak. Physical custody is divided into three types. There is joint physical custody where both parents share equals amount of times with the children. There is sole legal custody where one parent has the whole entire time with the child. And that parent can make decisions as to when and if the other parent can visit the child. And then there is primary custody where one parent will have the bulk of the time with the child, but the other parent will have weekends or holidays. Most of the times in Nevada, the judges will award joint physical custody. The courts believe that it is in the best interest of the children for both parents to be involved in their lives.
Primary custody is usually given to a parent when for example, one of the parents lives out of state. And so that parent, the one that lives out of state will then have holidays, and vacations, and things like that. The sole custody physical custody is given when we can prove that one of the parents is unfit. Is a threat to the child. Is abusive, is neglectful.
I hope that this has clarified it. If you have questions about this, and wanna talk about it a little bit further, go to vegasdivorcemeeting.com and I’ll be happy to talk to you further about this topic.
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