Las Vegas Family Law FAQs
We hope our website provides you with a wealth of valuable general information about family law in Nevada. In the interest of targeting some specific issues that often concern people working through a divorce and other family law matters, here are answers to questions clients frequently ask our Las Vegas family law attorneys. For legal advice and guidance regarding your unique family law issue, please contact our law office in Las Vegas to schedule a consultation with an experienced Nevada family lawyer. We look forward to putting your mind at ease with meaningful support and knowledge.
What is the difference between legal custody and physical custody?
In Nevada, there are two types of child custody—legal custody and physical custody—which both must be agreed upon and approved by a court. Legal custody allows a parent to make non-emergency parenting decisions, such as school enrollment, extracurricular activities, religious upbringing, medical needs, and the location where a child resides. In most cases, parents share legal custody. On the other hand, physical custody can be joint, or one parent can have primary physical custody. With joint physical custody, the parents share near-equal parenting time.
How do Nevada courts determine child custody?
For all child custody cases, Nevada courts aim to reach a decision that is in the best interest of the child, looking past arguments made by the parents if necessary. The best interest of the child includes the wishes of the child if the child is of sufficient age, the level of conflict between the parents, the nature of the child’s relationship with each parent, and the mental and physical health of the parents.
If my child(ren)’s other parent doesn’t pay child support, can I withhold visitation with our child(ren)?
The right to child visitation is not conditional upon the payment of child support, which means you cannot withhold visitation if your child(ren)’s other parent has not paid child support. In fact, you could be held in contempt by a court for not adhering to your child custody arrangement. Rather, if you are not receiving mandatory child support payments, speak with a Nevada family law attorney. It’s possible that wages and bank accounts can be garnished to enforce the payment of child support.
Will I be required to pay alimony if I get divorced?
In the eyes of Nevada law, when you got married, you promised to financially support your spouse, and while you have the right to get divorced, you must still fulfill the promise of spousal support to the extent required by law. The appropriate amount of spousal support (money paid during the divorce process) and alimony (money paid after the divorce is finalized) is decided on a case by case basis, with courts weighing numerous factors. But rest assured, one of our experienced family law attorneys can provide a good estimate based upon your individual circumstances.