Legal Custody Nuances

Legal custody is an important aspect of family law cases in Nevada. Legal custody refers to a parent's right to make major decisions about their child's life, including decisions about education, healthcare, and religion. When parents are going through a divorce or separation, legal custody can become a contentious issue. As a family law attorney in Nevada, I understand the nuances of legal custody and can help you navigate the legal system to protect your rights and the best interests of your child.


Under Nevada law, legal custody can be awarded to one parent (sole legal custody) or both parents (joint legal custody). The court's primary concern when making a legal custody determination is the best interests of the child. This means that the court will consider a variety of factors, including the child's physical, emotional, and mental needs, the parents' ability to provide for the child's needs, the child's relationship with each parent, and the parents' ability to cooperate with each other in making decisions about the child.


It is important to note that legal custody does not necessarily determine where the child lives or how much time they spend with each parent. This is known as physical custody. Legal custody gives the parent the right to make major decisions about the child's life, while physical custody determines where the child lives and spends their time.


When parents have joint legal custody, they must work together to make major decisions about the child's life. This can include decisions about education, healthcare, and religion. If the parents cannot agree on a major decision, they may need to go to court to resolve the dispute.


If one parent is awarded sole legal custody, they have the right to make major decisions about the child's life without consulting the other parent. However, the non-custodial parent may still have the right to access information about the child's education and healthcare.


As a family law attorney in Nevada, I can help you understand your legal options and work to protect your rights and the best interests of your child in legal custody disputes. Whether you are seeking sole legal custody or joint legal custody, I can help you navigate the legal system and achieve the best possible outcome for your case.


In conclusion, legal custody is an important aspect of family law cases in Nevada, and it is important to have a knowledgeable and experienced attorney on your side to protect your rights and the best interests of your child. If you need legal representation in a custody case, contact me today to schedule a consultation.

Northern Nevada Child Custody: Understanding Nevada's "Best Interest of the Child" Standard

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.

Probation Violations in Nevada: What to Expect

By Max Stovall • November 26, 2025
Being placed on probation in Nevada can feel like a second chance. Instead of serving time in jail or prison, you get to remain in the community — but that opportunity comes with strict conditions. If you violate those terms, you could be facing serious consequences, including the possibility of serving the original sentence you were trying to avoid. Whether your probation is through Douglas County, Washoe County, or anywhere else in Northern Nevada, knowing what counts as a violation — and what happens next — is critical. Common Ways Probation Is Violated Probation conditions vary depending on your case, but violations generally fall into two categories: 1. Technical violations – Breaking the specific rules of your probation, such as: Missing meetings with your probation officer Failing to complete court-ordered classes or community service Traveling out of state without permission Not paying required fines, fees, or restitution 2. Substantive violations – Committing a new offense while on probation, even if it’s unrelated to your original charge. This can include anything from a DUI arrest to a shoplifting charge. Sometimes, violations happen due to misunderstandings — for example, missing an appointment because you didn’t get a schedule change notice. But even unintentional violations can still lead to serious consequences. What Happens After a Probation Violation in Nevada If your probation officer believes you’ve violated your terms, they can file a violation report with the court. The judge may then: Issue a summons for you to appear in court, or Issue a warrant for your arrest (especially if the violation is serious or involves a new criminal charge ) You’ll then attend a probation revocation hearing, where the court decides if you did, in fact, violate your probation and what should happen next. Possible Penalties for a Probation Violation Penalties vary depending on the nature and severity of the violation, your criminal history, and your overall compliance with probation before the incident. The court can: Reinstate your probation with the same terms Modify your probation by adding stricter conditions Extend the length of your probation Revoke your probation entirely and require you to serve the original jail or prison sentence If your violation involves a new criminal charge, you could be dealing with two separate cases — one for the violation and one for the new offense. Defenses to a Probation Violation Having an attorney at your probation revocation hearing is essential. Your lawyer may be able to show: The violation didn’t happen (mistaken identity, inaccurate records) The violation was unintentional and due to circumstances beyond your control You have made significant progress on probation and deserve another chance Alternative measures (like increased supervision or additional classes) would be more appropriate than jail time Unlike criminal trials, probation violation hearings have a lower burden of proof — meaning the prosecution doesn’t need to prove the violation beyond a reasonable doubt. This makes having an advocate on your side even more important. Local Help for Probation Violations in Douglas and Washoe Counties At Max Stovall Law, we understand that life on probation can be challenging, and sometimes mistakes happen. We’ve represented clients across Douglas County and Washoe County in probation violation hearings, helping them avoid unnecessary jail time and get back on track. If you’ve been accused of violating your probation, don’t face the judge alone. Contact us today for a free consultation and let us fight to keep your freedom.