Custody

Joint custody means that legal and/or physical custody is shared by both parents.  If you get a joint custody order, it’s important to know whether you have joint legal custody, joint physical custody, or both.  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  

In Nevada, the judge will assume that awarding joint legal custody and joint physical custody are in the best interest of the child if:

• the parents agree to either or both in court; or
• the parent seeking joint legal custody or 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.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.

A judge will generally grant joint custody if s/he thinks it is in the best interests of the child.³  However, there is an exception for domestic violence victims when it comes to joint physical custody.  Read Can a parent who committed violence get physical custody? to learn more.

¹ N.R.S. § 125C.001
² N.R.S. §§ 125C.002(1); 125C.0025(1)
³ N.R.S. § 125C.002(2)