A parent has primary physical custody when he or she has physical custody of the child subject to the district court's power to award the other parent visitation rights. The focus of primary physical custody is the child's residence. The party with primary physical custody is the party that has the primary responsibility for maintaining a home for the child and providing for the child's basic needs. This focus on residency is consistent with NRS 125C.010, which requires that a court, when ordering visitation, specify the “habitual residence” of the child. Thus, the determination of who has primary physical custody revolves around where the child resides.
Because primary physical custody arrangements may encompass a wide array of circumstances, a Las Vegas custody lawyer should be consulted. If a parent has physical custody less than 40 percent of the time, then that parent has visitation rights and the other parent has primary physical custody. Likewise, a primary physical custody arrangement could also encompass a situation where one party has primary physical custody and the other party has limited or no visitation.
In Las Vegas, the Court's focus in making a custody determination is the best interest of the child. Some of the factors Las Vegas child custody attorneys will have the Court consider in determining the best interest of the child are:
The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her custody;
Any nomination by a parent or a guardian for the child;
Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent;
The level of conflict between the parents;
The ability of the parents to cooperate to meet the needs of the child;
The mental and physical health of the parents;
The physical, developmental and emotional needs of the child;
The nature of the relationship of the child with each parent;
The ability of the child to maintain a relationship with any sibling;
Any history of parental abuse or neglect of the child or a sibling of the child;
Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child; and
Whether either parent or any other person seeking custody has committed any act of abduction against the child or any other child.
Las Vegas child custody attorneys are ready to assist you with your child custody issues.