When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a Nevada court will intervene and establish custody arrangements based upon the best interests of the child. Divorcesource.com offers a summary of divorce and child custody law in the state of Nevada.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

According to findlaw.com, courts consider various factors when awarding child custody, most importantly the best interests of the child. This “best interest” standard varies state to state, but some of the most common standards applied by various states, like Nevada, include the following:

• Wishes of the child (if he or she is old enough to capably express a reasonable preference)
• Mental and physical health of the parents
• Religion and/or cultural considerations
• Need for the continuation of a stable home environment
• Support and opportunity for interaction with members of the extended family of either parent
• Interaction and interrelationship with other members of the household
• Child's adjustment to his or her school and community
• Age and sex of the child
• Parental use of excessive discipline or emotional abuse
• Evidence of parental drug, alcohol, or sex abuse

According to Nevada law, if the parents cannot come to an agreement regarding custody and visitation, a court will make the decisions for them. In making a custody decision, the court will consider the Nevada Child Custody Guidelines. Under these guidelines, Nevada courts give consideration to the following specific factors:

• The preference of the child if he or she is of sufficient age and capacity
• The wishes of the parents (no preference is to be given based on the parent's sex)
• Whether either parent has committed domestic violence
• Other relevant factors

In Nevada, there is a presumption of joint custody if both parents have signed an agreement for joint custody, or they both agree to joint custody in open court. There is also a presumption that it is not in the best interests of a child to have custody awarded to a parent who has committed domestic violence. Custody rights in Nevada may be modified due to a change in circumstances, such as a change in employment, residence, or marital status. For a complete review of divorce and child custody laws in the state of Nevada, go to lawyers.com.