Joint physical custody must approximate an equal timeshare, given the variations inherent in child rearing, such as school schedules, sports, vacations, and parents' work schedules, to name a few, an exactly equal timeshare is not always possible. Therefore, there must be some flexibility in the timeshare requirement. The question then becomes, when does a timeshare become so unequal that it is no longer joint physical custody? Courts have grappled with this question and come to different conclusions. For example, this court has described a situation where the children live with one parent and the other parent has every-other-weekend visitation as primary physical custody with visitation, even when primary custody was changed for one month out of the year and the other parent would revert back to weekend visitations. The Nevada Supreme Court has described an arrangement where the parents had the children on a rotating weekly basis as joint physical custody. When you say to yourself, I need a family lawyer, call us.
Similarly, the California Court of Appeal has held that physical custody one day per week and alternate weekends constitutes liberal visitation, not joint physical custody. Likewise, when the mother has temporary custody and the father has visitation for a one-month period, the parties do not have joint physical custody. Rather, the father has a period of visitation, and the mother has sole physical custody thereafter
Just as Nevada has defined joint physical custody as requiring an equal timeshare, the California Court of Appeal noted that joint physical custody includes situations in which the children split their time living with each parent and spend nearly equal time with each parent. Id. Some jurisdictions have adopted bright-line rules regarding the timeshare requirements for joint physical custody so that anything too far removed from a 50/50 timeshare cannot be considered joint physical custody. When you say to yourself, I need a family lawyer, call us.
The Nevada Supreme Court holds that, consistent with legislative intent and Nevada caselaw, in joint physical custody arrangements, the timeshare must be approximately 50/50. However, absent legislative direction regarding how far removed from 50/50 a timeshare may be and still constitute joint physical custody, the law remains unclear. Therefore, to approximate an equal timeshare but allow for necessary flexibility, we hold that each parent must have physical custody of the child at least 40 percent of the time to constitute joint physical custody. The Nevada Supreme Court acknowledges that the legislature is free to alter the timeshare required for joint physical custody, but it adopted this guideline to provide needed clarity for the district courts. This guideline ensures frequent associations and a continuing relationship with both parents. If a parent does not have physical custody of the child at least 40 percent of the time, then the arrangement is one of primary physical custody with visitation.
Your children's interests will be our top concern. Attorney Anthony Wright brings into the court his own knowledge of being a father. Mr. Wright is passionate about family legal rights and will keep your children's best interests in mind. When you say to yourself, I need a family lawyer, call us.
When you need a Las Vegas child custody lawyer, you should consult with Las Vegas father’s rights attorney Anthony Wright, Esq. The Wright Law Offices, PC will keep your best interests in mind, including the costs associated with legal assistance, and shall help you with your joint physical custody request.
It is important to have a Las Vegas father’s rights attorney who has lived in Las Vegas for many years and knows the courts, the judges, and other lawyers. An attorney who is not ready to go to court is not ready to help you with your joint physical custody request.
Your joint physical custody request will require legal analysis using state-of-the-art online applications to review the various legal sources that apply to your case, including: Nevada Supreme Court Opinions, Nevada Revised Statutes, Nevada Civil Procedures, Nevada Rules of Court, Nevada Rules of Civil Procedure, Eighth Judicial District Court Rules, Las Vegas Municipal Codes, Clark County Municipal Codes, and state and local administrative law.
The above legal sources will be considered by your father’s rights attorney and applied to the issues and circumstances involved in your joint physical custody request. Your joint physical custody request will require application to the laws in the sources above to your specific facts. Your father’s rights attorney will use his legal training, which includes trial experience, negotiation experience, and continuing legal education requirements to develop the best strategy to resolve your joint physical custody request. When you say to yourself, I need a family lawyer, call us.
The information about joint physical custody contained on this page is not intended to be legal advice about joint physical custody. Your joint physical custody matter should always be evaluated by a local child custody law firm. You should treat joint physical custody with the seriousness it requires. Just as you would not likely conduct surgery on yourself, you should not represent yourself in court regarding your joint physical custody matter. At the very least, consult with a local child custody law firm—multiple times if necessary if you insist upon representing yourself.
Please call father’s rights attorney Anthony Wright Esq. to schedule a consultation to review your joint physical custody request.