Child custody can be an issue in divorce as well as in post-divorce matters. When making decisions about custody it is essential that you understand the difference between legal custody and physical custody.
Legal Custody refers to the parental decison-making over the child. The parent or parents with legal custody have the authority to determine how important decisions about the child will be made. If one parent is granted sole legal custody, then only that parent has the right to make decisions with regard to education, healthcare and the faith the child will be brought up in. Under joint legal custody, you will both share equally in the decision-making. Both of you will be expected to create a written parenting plan outlining the terms of access you will each have to the child(ren). There is a strong presumption on the part of the courts that parents will share joint legal custody. It would be extremely rare for joint legal custody not to be granted.
Physical custody refers to the amount of time a child will spend with each parent. Joint physical custody implied that time will be split somewhat equally among the two parents. However, when children reside primarily with one parent and spend significantly more time with that parent, a primary custodial parent may be designated. This allows that parent to make day-to-day decisions regarding that child.
Excerpt from “The Nevada Divorce Guide: 21 Actions You Must Take Now to Protect Yourself, Your Interests, and Your Assets During Divorce”. Available at Sundance Bookstore in Reno, NV or via request at info@petronilaw.com
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