When determining custody arrangements for babies in Nevada, the state prioritizes the best interests of the child above all else. When parents divorce, joint custody is generally preferred, which includes both joint legal custody and joint physical custody. This approach ensures that both parents remain actively involved in their child's life.
However, what does this mean for the parents of infants, who have different needs than older children?
Custody Laws in NV
Nevada law recognizes several types of custody: legal custody, physical custody, joint custody, and sole custody. Legal custody pertains to the right to make crucial decisions about the child's life, including education, health care, and religious upbringing. Physical custody refers to where the child will live.
Where Does the Child Spend Their Time?
In Nevada, a judge may order two types of physical custody arrangements: joint vs primary.
- Joint physical custody involves each parent having the child at least 40% of the time, and this arrangement is generally preferred unless exceptions arise.
- Primary physical custody means one parent has the child more than 60% of the time while the other parent is granted visitation rights.
The custody decision is ultimately based on the court's assessment of several factors, all contextualized by what is in the child's best interests. These factors can include the child's age, emotional needs, the ability of each parent to meet those needs, and the child's relationship with each parent.
Assessing the Best Interests of an Infant or Toddler
When determining the best interests of an infant or toddler in custody cases, Nevada courts consider several specific factors to ensure that the young child's unique needs are met. Unlike older children, infants and toddlers require a higher degree of physical care and emotional security.
Factors that are often assessed in these cases include:
- Primary caregiver: The court looks at which parent has been the primary caregiver and how capable they are of continuing to fulfill that role.
- Bonding and attachment: The emotional ties between the infant and each parent are crucial, as secure attachments are vital at this developmental stage.
- Health and safety: Each parent's ability to provide a safe and healthy environment is closely scrutinized.
- Parental availability: The court evaluates each parent's availability to spend time with the child, considering work schedules and other commitments.
- Consistency and stability: Young children benefit from predictable routines, making the stability of each parent's living situation paramount.
Common Custody Arrangements for Infants and Small Children
There are various custody arrangements that may be considered to best serve the needs of infants and toddlers. When possible, parents are encouraged to work together to establish a physical custody arrangement that works best for them and their children. However, if they cannot agree, the court will step in.
Examples of potential custody arrangements for parents of small children include:
- Primary physical custody with frequent visitation: One parent has primary custody, while the other parent has frequent and ongoing visitation. However, if the child is an infant, overnights with the non-primary parent may be delayed until the child is older. This is especially the case for children who are nursing.
- Joint physical custody with frequent exchanges: The infant may spend several days with one parent and then several days with the other, promoting bonding with both parents.
- Nested custody: The child remains in one central home while the parents rotate in and out according to the custody schedule.
These arrangements aim to ensure that the infant or toddler maintains close relationships with both parents while providing a stable and nurturing environment.
If you are a parent of an infant or toddler going through a divorce, turn to Ford & Friedman for custody guidance. We have experience helping Nevada parents like you and are always here to help.