December 8, 2025
Family law matters affect what matters most—your children. When parents in Reno, Minden, Carson City, or the wider Northern Nevada area face separation or divorce, the most critical decision involves establishing custody. In Nevada, the court's priority is singular and unwavering: the best interest of the child. Understanding this standard and the factors a local judge considers is the first and most vital step in protecting your relationship with your child. The Foundational Standard: Best Interest of the Child Under Nevada Revised Statutes (NRS 125C.0035), every custody determination, whether initial or modified, must be based on what the judge determines is in the child's best interest. This is a complex standard, requiring the court to evaluate numerous factors. What Does "Best Interest" Mean in Nevada Law? The court does not use a simple checklist; instead, it conducts a holistic evaluation of the family situation. Key factors the court must consider include: The Child’s Emotional Bonds: The love, affection, and emotional ties between each parent and the child. The Capacity of the Parent: Each parent's ability to cooperate, facilitate a relationship with the other parent, and address the child's developmental needs. Conflict Between Parents: The level of conflict between the parents and the potential for that conflict to harm the child. The court favors parents who can minimize conflict. Parental Health and Safety: The mental and physical health of each parent. This includes any history of abuse, neglect, or substance dependency. Caring for the Child: Which parent has historically acted as the primary caregiver. The Child’s Preference: If the child is of sufficient age and capacity to form an intelligent preference, the court will consider their wishes, though this is only one factor among many. Crucial Takeaway: The court is not looking for a "perfect parent," but the arrangement that best promotes the child's stability, safety, and well-being. Physical vs. Legal Custody: Key Distinctions A custody order determines two distinct types of rights and responsibilities. It’s essential to understand the difference between them, as they are often treated differently by the court. Legal Custody Legal custody is the authority to make major, long-term decisions concerning the child's upbringing. This includes choices about: Education (which school the child attends) Medical care (non-emergency procedures) Religious instruction In Northern Nevada, courts overwhelmingly favor joint legal custody, meaning both parents share the right to make these major decisions, even if one parent has primary physical custody. Physical Custody Physical custody refers to where the child lives on a day-to-day basis and which parent is responsible for their routine care. Joint Physical Custody: The child spends a significant, roughly equal amount of time with both parents. This arrangement is common and often favored if parents live close and can cooperate effectively. Primary Physical Custody: The child spends the majority of their time (more than 60%) with one parent, while the other parent is typically awarded a structured visitation schedule, often referred to as parenting time. Common Custody Challenges in Northern Nevada Because Northern Nevada is a transient region, specific issues often arise in the family law context: Relocation Cases (Moving Out of State) If a parent with joint physical custody or primary physical custody wishes to move a child out of the state of Nevada, the law requires specific steps. Unless the other parent agrees, you must petition the court for permission. The court will apply a detailed analysis of factors to determine if the move is in the child's best interest. Relocation is one of the most complex areas of custody law. Enforcement of Orders If one parent fails to follow the court-ordered parenting plan—by withholding visitation, failing to pay support, or violating other terms—the other parent may need to file a motion for contempt or an enforcement action. The court takes non-compliance seriously and may impose sanctions or modify the order. How the Law Offices of Maximilian A. Stovall Can Help Navigating the courts in Reno, Minden, and Carson City requires not just a knowledge of Nevada law, but deep familiarity with local judges and procedures. At the Law Offices of Maximilian A. Stovall, we provide: Smart Strategy: We help you understand how the "best interest" factors apply specifically to your unique family situation. Local Advantage: Max Stovall brings deep familiarity with the local judicial system, ensuring your case is presented efficiently. Fierce Advocacy: Whether we are negotiating a fair parenting plan outside of court or advocating for your rights and your child's well-being in a contested hearing, we offer steady guidance every step of the way. If you are facing a child custody matter in Northern Nevada, it is critical to seek experienced legal counsel immediately. Contact Us Today Ready to discuss your case? Contact the Law Offices of Maximilian A. Stovall for compassionate guidance and strong representation.