When will the judge give joint physical custody?
A judge will order joint physical custody if s/he believes it is in your child’s best interest. The judge will assume that joint physical custody is in your child’s best interest if:
- both parents agree to it; or
- one parent asks for it and shows that s/he intends to have a meaningful relationship with the child or s/he tried to have a meaningful relationship with the child but the other parent didn’t allow it.1
However, if the other parent committed domestic violence against you, the child, or someone else who lives with the child, the judge will not assume that the abuser should have joint physical custody.2 Read Can a parent who committed violence get physical custody? to learn more.
There are some other situations when the judge will not assume that joint physical custody is in your child’s best interest and, instead, will give primary physical custody to just one parent.3 You can read about these situations in When will the judge give primary physical custody to one parent?
The judge can order an investigation to help decide if joint physical custody is appropriate.4
1 N.R.S. § 125C.0025(1)
2 N.R.S. § 125C.0035(1)(c)
3 N.R.S. § 125C.003
4 N.R.S. § 125C.0025(2)