Types of Custody:
- Legal custody involves who and how decisions will be made for children- health, education and religion.
- Physical custody involves when the children will be with each parent including holidays and vacation.
What Needs to Be Agreed Upon in an Uncontested Child Custody Matter?
- Legal custody- In most cases, the Court Orders joint legal custody. Joint legal custody allows the parent who has the child to make day-to-day decisions whereas major decisions are made jointly between the parents. If the parents cannot agree, the Court can intervene to resolve major decisions between the parents.
- Physical custody- Physical custody outlines each parent’s specific timeshare. The Court is required, if parents cannot agree, to consider the best interest factors as defined in NRS 125C.0035.
- Virtual visitation- The Court can enter Orders whereby a parent is granted visitation via telephone or video. The time, duration (length of the communication) and the number of virtual visits should be considered when addressing virtual visitation.
- Holidays- In almost every child custody action, if parents cannot agree, the Court will enter an Order which defines the holidays to be exercised, the timeframe for each holiday and which parent exercises the holidays.
- Vacation- Parents usually are each afforded a set number of days of vacation each year.
- Exchanges- Parents or the Court decide the location of exchanges and if protocols are needed for the exchange.
- Financial Orders- The physical custody timeshare determines child support, if the Parties do not agree. Besides child support the Court will address medical insurance and expense sharing, and tax exemption.
If all of these issues can be resolved by agreement, you can obtain an uncontested order of the court regarding your custodial rights.
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