1. Can you be in your child's life all of the time?
If you can and want to be in your child's life all of the time, then you can pursue "primary physical custody" or "sole physical custody." However, primary physical is usually easier to obtain and you will get child support. If you seek sole physical custody, then you are seeking to terminate the other parent's rights, which is difficult, and will also eliminate child support. If you get primary physical custody, then the other parent will have visitation rights. NOTE: If you wish to relocate out of Nevada with your child, you have to have primary physical custody. NOTE: If you already have a child custody order from another State and you have moved to NV, you may want to domesticate that order to protect your rights. Contact a family lawyer about this.
2. Can you be in your child's life only some of the time?
If you are unable or unwilling to be in your child's life all of the time, then you can either allow the other parent to have primary physical custody, leaving you visitation rights. If you choose this option, you will have to pay child support. If you can spend more time with your child, then you should seek "joint physical custody" in which you would share your child half the time, or nearly half the time, with the other parent. This works well if the parents live near each other and the child can easily attend school form either parent's house. In "joint physical" custody situations, there may or may not be child support obligations depending on the incomes of both parents. NOTE, "joint physical custody" is the preferred custody under the law. NOTE: All custody decisions are decided by "the best interests of the child" standard.
Attorney Anthony M. Wright is a family law attorney with The Wright Law Offices, PC located in Las Vegas, Nevada, near Green Valley Henderson. Attorney Wright represents husbands, wives, mothers, and fathers in Clark County, NV in divorce, child custody, and child support proceedings. Attorney Wright represents clients from the Las Vegas Valley, across the United States, and all over the world. Call us at 702-809-6904 to schedule an inexpensive legal consultation with Attorney Wright.