Las Vegas Child Custody & Visitation Attorneys

Pursuing an Outcome that Enables Your Child to Thrive

When you're in the midst of a custody battle, maintaining a strong relationship with your child is vital - but it's easier said than done if you're feeling overwhelmed by the legal side of the custody dispute.

At Bremer Whyte Brown & O'Meara, our experienced Las Vegas child custody and visitation attorneys will shoulder the legal burden of your case, ensuring you can continue to focus on what really matters - your family.

To schedule a consultation with our team and obtain counsel that will fight for your parental rights, contact us online or via phone at (702) 297-5750.

Understanding Custody in Nevada

In any custody case, the court holds the child's best interests above all else. There are two types of custody:

Legal Custody:
1. Legal Custody refers to the major life decisions for the children (i.e. school, health, religion, etc.)
2. Under Nevada law, there is a presumption that joint legal custody would be in the best interest of a child (unless proven otherwise).
3. Types
  1. Joint Legal Custody – Both parents make decisions
  2. Sole Legal Custody – One parent makes all decisions (rare in NV)
  3. Mixed Legal Custody– One parent may have sole legal custody on specific subjects and the other parent may have sole or joint legal custody on other specific subjects

Physical Custody:
1. Physical Custody refers to the child’s physical residence/where the child lives
2. Under Nevada law, there is a preference for joint physical custody (unless proven otherwise)
3. Types
  1. Joint Physical Custody – Each parent has the child at least 40% of the time
  2. Primary Physical Custody – One parent has the child most of the time with the other parent being awarded visitation
  3. Sole Physical Custody – 100% Custody of the child (rare in NV)

The custodial and non-custodial parents often share custody through a visitation schedule. The visitation agreement determines what days of the week each parent may spend custodial time with the child. Some popular visitation arrangements include the following.

Week On/Week Off with Wednesday “Dinner Dates”

Parent 1 and Parent 2 each have the children for full alternating weeks. However, the non-custodial parent will have the child(ren) on the Wednesday of their “off” week for a few hours to keep a frequent association and contact between the parent and the child(ren).

The 2-2-5 Schedule

Parent 1 has the child(ren) every Monday and Tuesday. Parent 2 has the child(ren) every Wednesday and Thursday. The weekends alternate every week, thereby giving the parents each 5 consecutive days either on the front end (Parent 1) or back end (Parent 2).

The 2-2-3 Schedule

With a 2-2-3 schedule, the parents exchange the child(ren) every 2 days, except for weekends wherein they exchange the child(ren) after 3 days. This arrangement is similar to the 2-2-5 but it ensures that 3 days is the maximum time a specific parent has the child(ren) and does not lock in the parent on a specific week day each week. However, this schedule mandates an exchange of the children 3 days per week which can be quite hectic for the child(ren).

The 4-3 Schedule

The 4-3 schedule essentially gives Parent 1 four days and Parent 2 three days of custody. The below calendar allocates the weekends to Parent 2 and weekdays to Parent 1. This is often unfair for the weekday parent as they do not have any “free” or “fun” time with the children, but it can work for some parents who work during the weekends. Also, the 4-3 exchange date can be shifted thereby giving both parents weekend and weekday visitation. Again, this is a joint custody schedule, despite one parent having 4 days and the other having 3 days.

Visitation arrangements can be flexible depending on the needs of the children and parents. In addition to the visitation agreement, the parents must formulate a plan for how to split custody over holidays, vacations, and other special days, or those issues must be litigated.

At Bremer Whyte Brown & O'Meara, our Las Vegas child custody lawyers understand the ins and outs of custody in Nevada. We'll work with you to ensure that you pursue a custody arrangement that serves you and your child's best interests.

Schedule a consultation with an experienced Vegas custody attorney today! Contact us online or via phone at (702) 297-5750.