What is joint physical custody in Nevada?

In Nevada, joint physical custody means that both parents share significant, though not necessarily equal, time with their child. Each parent provides a home environment and participates actively in the child’s daily life. While schedules vary, courts generally expect each parent to have the child at least 40% of the time. Joint custody encourages balanced involvement, fostering stability and emotional well-being for the child. The court will only approve this arrangement if it serves the child’s best interests, considering factors like parental cooperation, proximity, and consistency. A Reno child custody lawyer can help establish workable joint custody plans.

What impact can parental alienation have on custody decisions in Reno?

Parental alienation occurs when one parent intentionally damages the child’s relationship with the other parent. Alienation may occur through different means, including manipulation, false statements, and interference with visitation. Nevada courts, including those in Washoe County, take this behavior very seriously because it undermines the child’s emotional health and the integrity of the co-parenting relationship. Evidence of alienation can negatively affect a parent’s credibility and may lead to custody modification or supervised visitation. Judges prioritize fostering healthy, ongoing relationships with both parents. If you believe alienation is occurring, we can nitervene to protect your rights and your child’s well-being.

What are the benefits of mediation in child custody disputes?

Mediation allows parents to resolve custody and visitation issues in a cooperative, less adversarial setting. Instead of letting a judge decide, both parents work with a neutral mediator to create a parenting plan that reflects their child’s needs and family dynamics. Mediation often saves time, reduces legal costs, and preserves a more positive co-parenting relationship. In Washoe County, the Custody Mediation Program through the Family Division offers trained mediators who help parents reach mutually agreeable solutions. For many families, mediation results in a more stable, tailored, and lasting custody arrangement than traditional litigation.

What are the steps to modify an existing child custody order in Reno?

To modify a child custody order in Reno, a parent must demonstrate a substantial change in circumstances affecting the child’s welfare and that modification serves the child’s best interests. The process begins by filing a motion to modify custody in the Washoe County Family Division. The filing parent must explain the changes, provide supporting evidence, and serve the other parent with the motion. The court may schedule mediation or a hearing before making a decision. Working with a Reno child custody lawyer ensures that paperwork, evidence, and legal arguments are properly presented for the best possible outcome.

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Create a Parenting Plan and Custody Schedule That Works for Your Family With the Help of Our Child Custody & Visitation Attorney in Reno, NV

Child custody matters are among the most emotionally charged and complex aspects of family law. Whether custody is determined during a divorce or addressed later through modification, parents navigating these issues need sound legal guidance. At Smit Law Group, our Reno child custody lawyer helps parents protect their parental rights while always focusing on the best interests of their children.

We’re here for you for every challenge, from developing a clear and actionable parenting plan to modifying custody arrangements when circumstances change. For help addressing child custody issues while protecting your rights and parenting time, contact us to schedule an initial consultation with a reputable child custody & visitation attorney in Reno, NV.

Understanding Child Custody in Nevada

Child custody defines how parents share legal and physical responsibilities for their children. Nevada law recognizes two primary types of custody:

Legal custody: The right to make major decisions about a child’s upbringing, including education, medical care, and religious training
Physical custody: Where the child lives and how parenting time is shared

In most cases, Nevada courts favor joint custody when it serves the child’s best interests, encouraging both parents to remain actively involved. However, when joint custody is not feasible due to conflict, safety concerns, or practical limitations, one parent may be granted primary physical custody.

Working with a Reno child custody lawyer ensures your parental rights are clearly represented and that your child’s emotional and physical well-being remains the central focus of the case.

Your future deserves attention today. Call 775-993-2235 or contact our team to schedule a consultation. We’re here to help you move forward with confidence.

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How Custody Fits into Divorce Proceedings

For divorcing parents, child custody is often the most critical and most passionately contested issue. Custody decisions may be resolved by agreement between the parents or, if necessary, by the court.

During a divorce, your attorney will help you develop a parenting plan that addresses the daily realities of raising children in two households.

A well-crafted parenting plan typically covers:

Weekly and holiday schedules
School breaks and vacation time
Transportation and exchange logistics
Medical, educational, and extracurricular decisions
Communication between parents and with the child

These details can prevent misunderstandings later and provide stability for the child.

When custody is part of a larger divorce case, it often intersects with other issues such as child support and spousal maintenance. At Smit Law Group, we frequently assist clients who need coordinated representation across all these aspects of family law. Drawing on our extensive experience handling child custody and visitation issues in Reno, NV, we can help ensure your plan reflects both parents’ roles and the child’s best interests.

Custody Disputes After Divorce

Custody concerns do not always end when the divorce decree is finalized. As children grow and family circumstances evolve, parents may face the need to modify existing custody orders. Common reasons for custody modification requests include:

A parent relocating out of the area
Changes in work schedules
Concerns about the child’s safety or well-being
One parent’s failure to comply with the parenting plan

Our Reno child custody lawyer at Smit Law Group helps parents petition the court for modifications that reflect these new realities while minimizing disruption to the child’s life.

Nevada Custody Factors: What Courts Consider

In Nevada, all custody and visitation decisions are governed by the best interests of the child. Under NRS 125C.0035, courts evaluate a variety of factors, including:

The wishes of the child (if of sufficient age and maturity)
The nature of each parent’s relationship with the child
Each parent’s ability to provide for the child’s physical and emotional needs
The level of conflict between parents
Any history of abuse, neglect, or substance abuse
The child’s adjustment to home, school, and community
The mental and physical health of all parties

No single factor is decisive. Instead, judges assess the full picture of family life to determine which arrangement best supports the child’s long-term welfare. That reality makes it critical to present the strongest possible case for the custody arrangement you’re seeking.

As an experienced child custody attorney near Reno, NV, we help the parents we represent present compelling evidence to the court addressing these criteria.

The Importance of Parenting Plans

A parenting plan serves as the foundation of any custody arrangement. It’s more than a schedule. Think of it as your roadmap for co-parenting successfully after separation or divorce.

A strong plan clarifies expectations and minimizes potential disputes by specifying:

Custody type and time share: Whether joint or primary custody applies and how parenting time is divided
Decision-making authority: How major educational, health, and religious decisions will be made
Communication protocols: How parents will share information and resolve disagreements
Transportation and logistics: Where exchanges occur, who drives, and what happens if a parent is late
Special considerations: Holidays, birthdays, vacations, and changes in schedules

Our child custody & visitation attorney in Reno, NV, helps parents craft detailed, enforceable plans tailored to their family’s unique circumstances. In many cases, courts require a proposed plan before finalizing orders. Having a written parenting plan is especially important when the parents disagree on key aspects of raising or sharing time with their children.

Mediation and Alternative Dispute Resolution in Child Custody Cases

Nevada courts often encourage parents to resolve custody and visitation issues through mediation rather than litigation. Mediation allows both parties to retain more control over the outcome. It often results in more cooperative long-term relationships compared to contentious litigation, benefitting the children involved and facilitating more productive interactions now and in the future.

The Washoe County Family Division provides mediation services through its Custody Mediation Program, where trained mediators help parents find common ground. Mediation can cover all aspects of custody, including parenting time schedules and dispute-resolution mechanisms. Our law firm assists our clients in resolving child custody disputes through mediation by preparing them for the process.

Enforcement of Custody and Visitation Orders

If one parent violates a custody or visitation order, the other parent may seek enforcement through the court. Often, this occurs when one parent accuses the other of withholding the child or refusing visitation.

Nevada courts take these violations seriously. Remedies can include:

Makeup visitation
Fines
Changes to custody arrangements

Your Reno child custody lawyer can file a motion to enforce the order and request appropriate relief. The goal is always to ensure that children maintain consistent, meaningful relationships with both parents as intended by the court’s decree.

Modifying Custody Orders

Even the best custody arrangement may need adjustment over time. Nevada law allows modification of custody orders when there has been a substantial change in circumstances and the modification serves the child’s best interests.

Examples of qualifying changes include:

One parent moving to a new city or state
Evidence of neglect, abuse, or substance misuse
A parent’s significant improvement in stability or fitness
Shifts in the child’s schooling or special needs

To modify an order, parents must file a motion to modify custody in the same court that issued the original decree. For families in or near Reno, this typically means the Washoe County Family Division. The court then reviews evidence and may hold a hearing. Having an attorney on your side can help you present a compelling case in your favor at this hearing.

Custody and Relocation Cases

One particularly challenging issue arises when a custodial parent wants to move away with the child. Under NRS 125C.006, a parent who shares joint custody must obtain consent from the other parent or court approval before relocating out of state or to a location that significantly impacts the existing schedule.

Courts will again examine the best interests of the child, considering factors such as:

The reason for the move
The potential advantages of relocation
The effect on the child’s relationship with the other parent

Our Reno child custody lawyer provides guidance on relocation petitions and objections, helping clients navigate this sensitive process with careful planning and persuasive advocacy.

Washoe County Family Division Resources

Reno residents seeking custody or visitation orders will generally file through the Washoe County Courts Family Division, which handles divorce, custody, visitation, and support matters.

The Family Division provides an excellent Resource Center for Custody & Visitation that offers:

Step-by-step filing instructions and court forms
Guidelines for mediation and parent education classes
Help for self-represented litigants (“pro se” parents)
Information about parenting coordinators and supervised visitation

Even when using these resources, having professional legal representation by your side can make the process smoother and ensure that forms, filings, and hearings are properly handled.

How Smit Law Group Can Help

At Smit Law Group, we work closely with clients to:

File and respond to custody petitions
Negotiate and formalize parenting plans
Represent clients in mediation and hearings
Handle modification and enforcement matters
Provide ongoing counsel for co-parenting success

Our approach is compassionate yet assertive. We recognize that your children’s future and their stability depend on the quality of your custody arrangement, and we are committed to protecting both.

The Benefits of Working with a Child Custody & Visitation Attorney in Reno, NV, Throughout the Process

Do you really need an attorney to sort out custody arrangements? What if you’re intending to resolve these questions through mediation or another form of alternative dispute resolution instead of litigation? Is a lawyer’s guidance valuable when you’re only seeking to modify an existing order instead of developing an initial custody arrangement?

Every family’s circumstances are different, and the law provides flexibility to create arrangements that truly serve a child’s needs. However, achieving the right outcome requires careful legal strategy, detailed documentation, and a thorough understanding of Nevada’s custody laws. That’s why an attorney adds value at every stage of the process.

Your lawyer will represent your interests in negotiations with the opposing party, maintaining a focus on planning for the child's future.
If mediation is the right path forward, we will help you prepare for mediation sessions by outlining goals, evaluating potential compromises, and ensuring that any agreement protects both the parents’ rights and the child’s interests.
When you’re requesting a change to existing arrangements, we will assist you in preparing modification petitions, gathering evidence, and presenting a strong case for why changes are warranted.
If you oppose a proposed modification, we can defend your current arrangement by demonstrating that stability is in your child’s best interest.

While parents often hope to resolve child custody issues without legal involvement, the reality is that having an experienced child custody attorney handling your case often facilitates more productive interactions and a final plan that better fits your family’s needs.

Why Choose Smit Law Group as Your Reno Child Custody Lawyer?

Throughout Reno and the surrounding area, clients choose Smit Law Group for our multilingual service, commitment to handling child custody cases with care, and full-service family law practice.

Multilingual Support for Reno-Area Families

In Reno, NV, few family law practices provide bilingual services to support our community’s Hispanic population. As a result, misunderstandings can arise due to language barriers. Our firm offers multilingual support. Attorney Margaretha "Greta" Smit is fluent not only in English and Spanish but also in Dutch, German, and French. She can often advise clients in their native languages to ensure clear communication about important legal issues such as child custody disputes.

Dedication to Litigating and Winning Our Clients’ Custody Cases

In matters of family law, our team finds litigating and winning child custody cases on behalf of the clients we serve near Reno to be extremely gratifying. Protecting the safety and stability of the children and the rights of parents is one of the most fulfilling aspects of our work in this area of legal practice. We don’t back down from litigating custody cases on our clients’ behalf when necessary, and we have a record of achieving favorable outcomes for them.

Comprehensive Assistance for Family Law Issues

Child custody concerns don’t exist in a vacuum. Often, they involve a divorce or a breakup between unmarried parents. Even if the split occurred some time ago and you’re now formalizing custody arrangements or revisiting an outdated court order, there’s a good chance that matters of child support obligations or other issues are also involved. We handle a variety of family law matters, including representing our clients in divorce proceedings, handling asset division, and, of course, securing their rights in contentious child custody situations.

Contact a Reno Child Custody Lawyer at Smit Law Group Today for Your Initial Case Review

If you’re facing a child custody dispute in Washoe County or anywhere in Northern Nevada, professional legal support can make all the difference. At Smit Law Group, we’re here to help you navigate complex family court procedures, safeguard your rights, and build a plan that prioritizes your child’s well-being.

For help from a child custody & visitation attorney in Reno, NV, contact Smit Law Group online or call 775-993-2235 to schedule your initial consultation today.

Frequently Asked Questions About Child Custody Arrangements in Reno, NV

In Nevada, joint physical custody means that both parents share significant, though not necessarily equal, time with their child. Each parent provides a home environment and participates actively in the child’s daily life.
While schedules vary, courts generally expect each parent to have the child at least 40% of the time. Joint custody encourages balanced involvement, fostering stability and emotional well-being for the child.
The court will only approve this arrangement if it serves the child’s best interests, considering factors like parental cooperation, proximity, and consistency. A Reno child custody lawyer can help establish workable joint custody plans.
Parental alienation occurs when one parent intentionally damages the child’s relationship with the other parent. Alienation may occur through different means, including manipulation, false statements, and interference with visitation. Nevada courts, including those in Washoe County, take this behavior very seriously because it undermines the child’s emotional health and the integrity of the co-parenting relationship.
Evidence of alienation can negatively affect a parent’s credibility and may lead to custody modification or supervised visitation. Judges prioritize fostering healthy, ongoing relationships with both parents. If you believe alienation is occurring, we can nitervene to protect your rights and your child’s well-being.
Mediation allows parents to resolve custody and visitation issues in a cooperative, less adversarial setting. Instead of letting a judge decide, both parents work with a neutral mediator to create a parenting plan that reflects their child’s needs and family dynamics.
Mediation often saves time, reduces legal costs, and preserves a more positive co-parenting relationship. In Washoe County, the Custody Mediation Program through the Family Division offers trained mediators who help parents reach mutually agreeable solutions.
For many families, mediation results in a more stable, tailored, and lasting custody arrangement than traditional litigation.
To modify a child custody order in Reno, a parent must demonstrate a substantial change in circumstances affecting the child’s welfare and that modification serves the child’s best interests.
The process begins by filing a motion to modify custody in the Washoe County Family Division. The filing parent must explain the changes, provide supporting evidence, and serve the other parent with the motion. The court may schedule mediation or a hearing before making a decision.
Working with a Reno child custody lawyer ensures that paperwork, evidence, and legal arguments are properly presented for the best possible outcome.