When will a judge order joint legal custody?
There is a preference in Nevada for both parents to have a continuing relationship and frequent contact with the child, and to share the rights and responsibilities of child rearing after the parents have separated or ended their relationship.1 The judge will assume that awarding joint legal custody is in the best interest of the child if:
- the parents agree to it in court; or
- the parent seeking joint legal custody has demonstrated (or has tried to demonstrate but the other parent wouldn’t allow it) an intent to establish a meaningful relationship with the child.2
The judge could grant joint legal custody to both parents while still granting sole or primary physical custody to one parent.3 Therefore, even if your child lives with you full-time, the other parent can still have a right to make decisions about your child’s life if s/he has joint legal custody.
1 N.R.S. § 125C.001
2 N.R.S. § 125C.002(1)
3 N.R.S. § 125C.002(2)