Understanding the Presumption for Joint Custody of a Child in Nevada Law

Parents who are separated or divorced often struggle to figure out what they need to do to secure child custody rights. A central presumption established by Nevada law is that in the absence of a court decision, each parent has joint legal custody and joint physical custody of a child. Understanding what that presumption means and knowing how a court decides custody disputes is an important step for a parent wishing to pursue their custody rights in court.
What Is the Nevada Presumption for Joint Custody of a Child?
The State of Nevada has extensive statutes that apply to a parent’s child custody rights. The laws include detailed provisions that apply to how a court makes determinations about each parent’s rights and obligations with respect to a child. The complexity of the statutory provisions is one of the primary reasons why legal representation by a skilled custody attorney is essential for any parent facing child custody issues.
In furtherance of the State’s policy of ensuring that minor children have a continuing relationship with both parents, regardless of whether the relationship between the parents has ended, the custody law specifically provides that until a court makes a determination regarding custody of a child, “each parent has joint legal custody and joint physical custody of the child.”
Physical custody refers to where a child resides, which is the traditional concept of child custody. In Nevada, joint physical custody refers to a situation in which the child lives with each parent for at least 40% of the time. A court may award primary physical custody by deciding that a child should spend more than 60% of the time with a parent or sole physical custody by determining that a child should live with one parent 100% of the time.
Legal custody refers to a parent’s right to make important decisions affecting the child, such as (but not limited to) education, religion, and medical care. Joint legal custody refers to the situation where both parents share the decision-making authority over major decisions affecting the child. The only other type of legal custody is sole legal custody, which refers to only one parent having decision-making authority, which occurs only if a court determines that only one parent should have that authority.
Additional information about physical custody and legal custody is provided in our previous blog article, What Is the Difference Between Physical Custody and Legal Custody in Nevada?
How Does a Nevada Court Change the Joint Custody Presumption?
In the absence of emergency circumstances, changing the statutory presumption of joint legal custody and joint physical custody requires that a parent initiate a legal action asking the court to make a determination about the parents’ physical and legal custody rights with respect to the child. In the court action, the court separately determines legal custody and physical custody. The law specifically provides that a court may award joint legal custody without ordering joint physical custody.
In all custody matters decided by a court, the overriding consideration for the judge, as established in Nevada law, is what is in the best interest of the child. The court considers a wide range of relevant factors in making the determination of the child’s best interest, such as:
- The child’s wishes, if the child is old enough to have a preference
- The needs of the child and the ability of each parent to meet those needs
- The level of conflict between the parents
- The parents’ ability to cooperate regarding the child’s needs
- Whether there is a history of domestic violence that may affect the child
In the court proceeding, the parent who initiated the custody action has the burden of overcoming the presumption for joint physical and legal custody by introducing evidence in court relating to what is in the child’s best interest. Compiling and preparing that evidence — and presenting it to the court in compliance with court rules — requires a full understanding of Nevada custody law as well as professional legal experience in custody cases.
The other parent also has the opportunity to present evidence to the court, if they wish to do so, and to ask the court for a different result than that requested by the parent who initiated the action. The parent who initiated the action must be prepared to defend against evidence presented by the other parent and to support their own position with as much evidence as possible.
The judge evaluates all the evidence presented in court in making a determination about what legal and physical custody arrangements are in the child’s best interest and in compliance with specific statutory presumptions concerning joint custody. The court order issued at the end of the case may award custody in a manner that does not require joint legal custody and joint physical custody, which means the court evidence overcame the statutory presumption in favor of joint custody.
Additional discussion about court determinations in a custody case is found in our previous blog article, How Does a Judge Determine the Best Interest of a Child in a Nevada Custody Case?
Schedule a Free Consultation with a Las Vegas Child Custody Lawyer
Experienced Las Vegas custody attorney Joseph Gersten assists clients with all types of family law matters, including child custody. He approaches every case with compassion and dedication to protecting the interests and rights of the client. If you face a legal action involving custody, please take the time to talk with us without a charge or obligation.
The Gersten Law Firm serves clients in Las Vegas, Henderson, and elsewhere in Clark County. Call us at 702.857.8777 or complete our online form to schedule an appointment.