Legal Information: Nevada


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March 22, 2022

When will a judge order joint physical 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  However, in any court case regarding determining physical custody of a child, the sole (only) consideration that the judge will consider is what is in the best interest of the child.2  In Nevada, the judge will assume that awarding joint physical custody is in the “best interest of the child” if:

  • the parents agree to it in court; or
  • the parent seeking joint physical 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.3 

However, there is an exception for domestic violence victims.  Read Can a parent who committed violence get physical custody? to learn more.

1 N.R.S. § 125C.001
2 N.R.S. § 125C.0035(1)
3 N.R.S. § 125C.0025(1)

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