Are you dealing with questions of child custody in a divorce? A juvenile crimes attorney in Reno, NV explains how child custody is generally determined.
Legal vs. Physical Custody
Legal custody is the right and responsibility for making major decisions that affect the child’s life. This could mean decisions regarding healthcare, education, and religious upbringing, among others. Nevada law assumes that joint legal custody is in the child’s best interest, and will consider this to be the default unless there is clear evidence indicating that one parent is unfit.
The court may assign physical custody, i.e., where the child will primarily reside, as sole, primary, or joint. Sole custody, of course, means that a child lives with only one parent. Primary physical custody means that a child lives with one parent more than 60% of the time. Joint physical custody means that the child spends at least 40% of the time with each parent. Nevada’s general policy is to maintain a child’s ongoing relationship with both parents and to encourage parents to share rights and responsibilities in raising the child. However, the best interests of the child guides this decision.
Several Key Factors in Determining a Child’s Best Interests
The Child’s Wishes and Relationship with Each Parent
The wishes of the child are taken into consideration if the child is of sufficient age and capacity to express and intelligent preference. Their relationship with each parent is also a determining factor. This would mean not only the child’s bond to a parent, but also each parent’s ability to provide care and guidance.
Health and Moral Fitness
The court will evaluate the physical and mental health of both the child and the parents. The reason for this is the impact of a parent’s or child’s physical and mental health on a parent’s ability to care for the child. The character of each parent will also be considered. The assumption is that a parent’s moral character will affect the child, not only in how the parent cares for the child, but also in how a child’s character will be formed, based on who they spend time with.
Effect of Disruption
Another factor is the child’s stability in the current environment, including academic performance, but also life in the community and at home. The court will consider what the impact would be of changing the child’s living arrangements and how that might affect their stability. The assumption is that maintaining a stable environment is best for a child’s wellbeing.
Developmental Needs of the Child
The age of the child will be considered, with a view toward what needs they have in that stage of development. This encompasses all age-specific needs, ranging from education to emotional support.
Parental Preference and History of Misconduct
The court will consider the preferences of the parents, although this is not a determining factor. A significant factor, of course, will be any history of abuse or neglect, any attempts or acts of child abduction by a parent, and, of course, any history of domestic violence toward the child or others in the home.
If you are in the midst of a divorce and are trying to determine child custody, contact the Barber Law Group in Reno, NV.
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