Child Custody in Nevada: How Courts Decide

Few issues in family law cause more stress than child custody. Parents want to know: What will happen to my kids? How will the court decide?


In Nevada, custody decisions are based on what the court believes is in the best interest of the child. If you’re going through a divorce or separation in Douglas County, Washoe County, or elsewhere in Northern Nevada, here’s what you need to know about how custody is decided.


Types of Custody in Nevada


Nevada recognizes two main types of custody:

• Legal custody: The right to make important decisions about your child’s education, healthcare, and upbringing.

• Physical custody: Where the child lives and who provides day-to-day care.


Custody can be joint (shared between parents) or sole (granted primarily to one parent). Courts prefer joint custody when possible, believing children benefit from ongoing relationships with both parents.



The “Best Interest of the Child” Standard


Under Nevada law (NRS 125C.0035), judges must prioritize the child’s best interests above all else. Factors the court considers include:

• The child’s relationship with each parent

• Each parent’s ability to provide a stable home

• The child’s physical, developmental, and emotional needs

• The child’s preference, if mature enough to express it

• Any history of domestic violence, neglect, or substance abuse

• The willingness of each parent to foster a relationship between the child and the other parent


No single factor is decisive — judges weigh all circumstances carefully.



Modifying Custody Orders


Custody isn’t set in stone. If circumstances change — such as one parent moving, changes in a child’s needs, or concerns about safety — custody orders can be modified. To do this, the requesting parent must show a substantial change in circumstances and prove the modification would benefit the child.



Local Custody Cases in Douglas and Washoe Counties


Custody cases in Douglas County are typically heard in the East Fork Justice Court or District Court in Minden, while Washoe County cases are handled at the Second Judicial District Court in Reno. Each court has its own procedures, but both apply the same Nevada custody laws. Having an attorney who knows the local judges and practices can make a real difference.



Protecting Your Parental Rights


At Max Stovall Law, we know how important your children are. We’ve helped parents across Northern Nevada navigate custody disputes with compassion and strength, fighting for arrangements that serve both the child’s best interests and the parent’s rights.


If you’re facing a custody dispute, don’t face it alone. Contact us today for a free consultation.

Possession With Intent to Sell in Nevada: What You Need to Know

By Max Stovall • August 11, 2025
In Nevada, there’s a big difference between simple drug possession and possession with intent to sell — and the penalties reflect it. If prosecutors believe you planned to sell, distribute, or even share drugs, the charges you face can escalate quickly from probation-eligible to prison-mandatory. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, understanding how these cases are handled — and how prosecutors try to prove “intent” — is key to defending yourself. How Nevada Defines “Possession With Intent to Sell” Under Nevada law, you can be charged with possession with intent to sell if prosecutors believe you: Had a controlled substance in your possession, and Planned to sell, deliver, or distribute it Here’s the important part: You don’t have to be caught in the act of selling to face this charge. Intent can be based entirely on circumstantial evidence. What Counts as Evidence of Intent? Police and prosecutors may try to prove intent to sell by pointing to: The amount of drugs in your possession — more than what would typically be for personal use Packaging materials, like multiple small baggies or containers Large amounts of cash, especially in small bills Scales or other measuring devices Text messages, call logs, or social media messages suggesting drug transactions The presence of weapons alongside the drugs In other words, the same quantity of drugs could result in vastly different charges depending on how it’s packaged, stored, and what else is found with it. Penalties for Possession With Intent to Sell in Nevada Possession with intent to sell is a felony in Nevada, and penalties vary depending on the drug schedule and your prior record. For Schedule I or II drugs (like heroin, cocaine, or methamphetamine): First offense: Category D felony, 1–4 years in prison, fines up to $5,000 Second offense: Category C felony, 1–5 years in prison, fines up to $10,000 Third offense: Category B felony, 3–15 years in prison, fines up to $20,000 Lower schedules and marijuana have different penalty ranges, but the consequences are still severe — especially for repeat offenders. Possible Defenses An experienced defense attorney can challenge a possession with intent to sell charge in several ways: Arguing lack of intent — showing the drugs were for personal use, not for sale Challenging the search and seizure — if police violated your rights, the evidence could be suppressed Questioning the chain of custody — ensuring the drugs and evidence were handled properly from seizure to trial Pointing to insufficient evidence — if the state’s case is built on weak assumptions In some cases, your lawyer may negotiate a reduction from “intent to sell” down to simple possession, which often carries lighter penalties and may qualify you for probation or a diversion program. Local Courts, Local Strategies In Douglas County and Washoe County, possession with intent to sell cases are taken seriously by prosecutors and judges. But the details of your case — and the way it’s presented — matter. Local knowledge of how specific judges handle these charges, what diversion options exist, and how local prosecutors negotiate can make a significant difference in the outcome. Facing Drug Sale Allegations in Northern Nevada? We Can Help. At Max Stovall Law, we defend clients accused of drug crimes throughout Northern Nevada — from small-town arrests in Minden to large-scale investigations in Reno. We understand the high stakes and know how to challenge the evidence, protect your rights, and fight for your future. If you’ve been charged with possession with intent to sell, don’t wait until it’s too late to start building your defense. Contact us today for a free consultation — and let’s start protecting your future now.

Drug Possession Charges in Nevada: How Serious Are They?

By Max Stovall • August 6, 2025
Drug laws in Nevada have changed over the years, especially when it comes to marijuana. But make no mistake — being charged with drug possession is still a serious matter that can have lasting consequences. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, a possession charge can impact your record, your freedom, and your future opportunities. Understanding how Nevada handles drug possession — and what you can do if you’ve been charged — is the first step toward protecting yourself. What Counts as “Possession” in Nevada? Under Nevada law, possession means having control over a controlled substance, whether it’s on your person, in your car, in your home, or even somewhere else you have access to. There are three main types of possession: Actual possession – Having the drugs physically on you, like in your pocket or backpack. Constructive possession – The drugs aren’t on you, but they’re in a place you control, like your car, apartment, or storage unit. Joint possession – Two or more people share control over the same drugs. It’s also important to note that you don’t have to own the drugs to be charged — simply having access to them can be enough for prosecutors to pursue a case. Controlled Substances in Nevada Nevada classifies drugs into five schedules, based on factors like medical use and potential for abuse. Schedule I drugs (heroin, LSD, MDMA) are considered the most serious, with no accepted medical use and high potential for abuse. Schedule II–V drugs include substances like methamphetamine, cocaine, prescription opioids, anabolic steroids, and certain anxiety medications — many of which are legal with a valid prescription but illegal to possess otherwise. Marijuana is treated differently from other controlled substances, but possession over the legal limit can still lead to criminal charges. Penalties for Drug Possession in Nevada The severity of a drug possession charge depends on: • The type and amount of the substance • Your criminal history • Whether prosecutors believe you intended to use the drugs personally or distribute them First-time possession of a Schedule I or II controlled substance (other than marijuana) is typically a Category E felony, punishable by 1–4 years in prison and fines up to $5,000. However, first-time offenders are often eligible for probation or drug court, which focuses on rehabilitation instead of jail. Possession with intent to sell , or trafficking larger amounts, results in far more severe charges and mandatory prison time. Marijuana Possession in Nevada For adults 21 and over, it’s legal to possess: • Up to 1 ounce of marijuana flower, or • Up to ⅛ ounce of concentrated cannabis (like edibles, oils, or waxes) Possessing more than the legal limit — or possessing any amount if you’re under 21 — can still lead to criminal charges. Selling marijuana without a license is also a felony. Defenses to Drug Possession Charges A strong defense can mean the difference between a conviction and a clean record. Depending on the facts, your attorney may challenge: • Whether the drugs actually belonged to you • How the drugs were found (illegal searches can make evidence inadmissible) • Whether law enforcement respected your constitutional rights during the arrest • The lab results confirming the substance In some cases, it’s possible to negotiate reduced charges, enter a diversion program, or have the case dismissed entirely. Why Legal Representation Matters Even if you think the charge is “minor” — especially for a first offense — a conviction can follow you for years. It can affect employment, housing, professional licenses, and your ability to obtain certain loans or benefits. An experienced Nevada criminal defense attorney knows the local courts, understands the programs available for first-time offenders, and can fight to protect your record and your future. Charged with Drug Possession in Douglas or Washoe County? We Can Help. At Max Stovall Law, we represent clients facing drug charges throughout Northern Nevada — from simple possession to serious trafficking cases. We know the stakes, we know the law, and we know how to fight for the best possible outcome. If you’ve been charged with drug possession, don’t wait until your court date to get help. Contact us today for a free consultation — and take the first step toward protecting your freedom and your future.