Child Custody Law
Generally, statutes authorize the court having jurisdiction of divorce proceedings to determine who shall have custody of the children on the marriage. Under the common statutory provision, the parents of a legitimate child are joint guardians of that child, and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate. Because the authority to award custody is based on the jurisdiction of the court, most of the law legal in this field is state based as opposed to federally based. A family law attorney will be able to help navigate your particular child custody situation based on applicable laws.
» Uniform Child Custody Jurisdiction Act
» Custody - Means the charge and control of a child including the right to make all major decisions such as education, religious upbringing, training, health and welfare. Custody, without qualification usually refers to a combination of physical custody and legal custody. There is also joint custody, split custody and divided custody.» "Legal Custody" is the right and obligation to make long range decisions regarding the child. These decisions include education, religion, and medical care. This term does not address the actual living arrangements of the child. Legal custody may be joint custody, or sole.
» "Physical Custody" refers to with whom the child will live. Physical custody may be shared, or may be sole.
What factors does the court use when deciding whether to award sole custody
or shared custody?
1. The capacity of the parents to communicate and
reach shared decisions affecting their child's welfare
2. The willingness of the parents to share custody
3. The fitness of each parent
4. The relationship which exists between the child and each parent
5. Any reasonable
preference of a child of suitable age and discretion
6. Any potential disruption
of the child's social or school life
7. The geographic proximity of the two parental homes
8. The work hours required by each parent's employment
9. The age and number of children
10. The sincerity of the parent's request for joint custody
11. The financial status of the parents
12. Any impact which joint custody may have on State of Federal Assistance
13. Any benefits resulting to the parents as a result of joint custody
14. Any other factors considered appropriate by the Court
As used in child custody issues, there are certain terms that must be explained.
"Legal custody" or "custody" means an award of the rights of legal custody of a minor child to a parent under which a parent has legal custodial rights and responsibilities toward the child.
Rights and responsibilities include, but are not limited to, decisions affecting the child's legal status, medical care, education, extracurricular activities, and religious instruction.
"Physical care" means the rights and responsibilities to maintain a home for the minor child and provide for the routine care of the child.
"Joint custody" or "joint legal custody" means an award of legal custody of a minor child to both parents jointly under which both parents have legal custodial rights and responsibilities toward the child and under which neither parent has legal custodial rights superior to those of the other parent. Rights and responsibilities include, but are not limited to, decisions affecting the child's legal status, medical care, education, extracurricular activities, and religious instruction. A divorce lawyer can help to determine the type of custody to be awarded in your case.
"Joint physical care" means an award of physical care of a minor child to both joint legal custodial parents under which both parents have rights and responsibilities toward the child including, but not limited to, shared parenting time with the child, maintaining homes for the child, providing routine care for the child and under which neither parent has physical care rights superior to those of the other parent.
If you are in Las Vegas and need a Las Vegas Divorce Lawyer to assist with child custody issues, you should seek an experienced child custody attorney.
