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.


January 1, 2026
Blending a family is a significant milestone. For many stepparents in Reno, Minden, and Carson City, the ultimate goal is to legally formalize the bond they have already built with their stepchild. Stepparent adoption is a beautiful way to provide a child with permanent legal security, but the process involves specific legal steps under Nevada law. At the Law Offices of Maximilian A. Stovall, we help families navigate this journey smoothly, ensuring every detail is handled with care. If you are considering adoption, here is a checklist of the requirements and steps for a stepparent adoption in Northern Nevada. 1. Meet the Legal Requirements Before filing a petition, you must ensure you meet Nevada’s eligibility criteria: Marriage/Domestic Partnership: In Nevada, you must generally be legally married to or in a registered domestic partnership with the child’s legal parent. Residency: You must have lived in Nevada (specifically in the county where you are filing, like Washoe or Douglas County) for at least six months prior to filing. Consent of the Spouse: Your spouse (the child’s biological/legal parent) must consent to the adoption. 2. Obtain Necessary Consents Consent is the most critical part of the adoption process. The Biological Parent: To complete a stepparent adoption, the other biological parent’s parental rights must be terminated. Ideally, this parent provides written consent. The Child: If the child is 14 years of age or older, Nevada law requires them to provide their own written consent to be adopted by their stepparent. Note on Contested Adoptions: If the other biological parent refuses to consent, or cannot be located, the process becomes more complex. You may need to file a petition to terminate parental rights based on grounds like abandonment or unfitness. This is a stage where having an experienced litigator like Max Stovall is essential. 3. File the Petition for Adoption Once the groundwork is laid, your attorney will file a formal Petition for Stepparent Adoption in the local District Court. This document details your relationship with the child and your desire to assume full legal responsibility for them. In Northern Nevada, this is typically filed in: Washoe County (Reno/Sparks) Douglas County (Minden/Gardnerville) Carson City 4. The Investigation or "Home Study" In many stepparent adoptions, the court has the authority to waive the formal home study (which is usually required for private or agency adoptions). However, the judge may still require an investigation or a simplified report to ensure the adoption is in the best interest of the child. 5. The Final Hearing The culmination of the process is the adoption hearing. This is a celebratory event! You, your spouse, and the child will appear before a judge. The judge will review the paperwork, ask a few questions, and—if everything is in order—sign the Decree of Adoption. In our local courts, judges often make these hearings special for the family, recognizing the commitment you are making. 6. Update Legal Documents After the decree is signed, the legal work is almost done. You will need to: Apply for a new birth certificate that lists you as a parent. Update Social Security records. Update school and medical records. Why Work with Max Stovall for Your Adoption? While stepparent adoption is often a joyful process, it requires precision. Errors in the petition or issues with obtaining consent can lead to long delays or legal challenges down the road. Max Stovall provides: Clear Guidance: We simplify the paperwork so you can focus on your family. Compassionate Advocacy: We handle the sensitive conversations regarding the termination of parental rights with professionalism and care. Local Experience: We know the procedures in Reno and Minden courts, ensuring your petition moves through the system as efficiently as possible. Are you ready to make it official? Contact Us Today → Let us help you complete your family circle. Contact the Law Offices of Maximilian A. Stovall today to schedule a consultation regarding stepparent adoption in Northern Nevada.
December 27, 2025
Divorce changes everything, but few aspects cause as much anxiety as finances. For many couples in Reno, Minden, and across Northern Nevada, the biggest financial question mark is alimony. Whether you anticipate needing support to get back on your feet or are worried about the long-term obligation of paying it, understanding Nevada law is crucial. In Nevada, alimony (legally referred to as spousal support is not guaranteed, and perhaps more importantly, it is not calculated using a simple mathematical formula. It is highly discretionary, meaning the judge has significant power in deciding the outcome. Here is a guide to how spousal support works in Nevada and why having an experienced Northern Nevada family law attorney is essential to protecting your financial future. The Big Question: Is There a Nevada Alimony Calculator? The short answer is no. Unlike child support, which generally follows a strict percentage based on income and the number of children, Nevada law does not provide a calculator or a set percentage for determining spousal support. You cannot simply plug two incomes into a spreadsheet and get a definitive answer. Instead, Nevada judges must make what they call a "just and equitable" award based on the specific circumstances of your marriage. Because there is no formula, the skill of your attorney in presenting your financial reality to the court is often the deciding factor in how much is paid, and for how long. Key Factors Northern Nevada Judges Consider Since there is no calculator, Nevada Revised Statute (NRS) 125.150 provides a list of factors that judges must consider when deciding if alimony should be awarded. If you are facing a divorce in courts ranging from Reno to Carson City, the judge will look at a holistic picture of your marriage, including: 1. The Length of the Marriage This is often the most heavily weighted factor. Generally, short-term marriages (under 5-7 years) are less likely to result in long-term support awards compared to marriages lasting 20 years or more. 2. The Financial Condition of Each Spouse The court looks at the disparity in income. Does one spouse earn significantly more? Does the other spouse have the ability to become self-supporting? The goal is usually to bridge the gap, not necessarily equalize income perfectly. 3. The Age and Health of Both Parties A spouse nearing retirement age or suffering from poor health who cannot enter the workforce will have a stronger claim for support than a young, healthy spouse. 4. Career Sacrifices and Contributions Did one spouse put their career on hold to raise children or manage the household while the other advanced their career? The court considers the contribution of a "homemaker" as having significant economic value. 5. The Standard of Living During the Marriage While not a guarantee, the court does consider the lifestyle the couple enjoyed together when determining what is "just and equitable." 6. Property Division How the marital assets (houses, retirement accounts, businesses) are divided can impact alimony. If one spouse receives a larger share of income-producing assets, they may need less support. Types of Spousal Support in Nevada Alimony is rarely a "forever" obligation anymore. Modern Nevada courts tend to favor arrangements that help a lower-earning spouse become self-sufficient. Temporary Support: Awarded during the divorce process to keep the status quo and ensure bills are paid until a final settlement is reached. Rehabilitative Support: This is very common. It is awarded for a specific period to allow a spouse time to obtain job training, education, or experience to re-enter the workforce and become self-supporting. Lump-Sum Alimony: Sometimes, parties agree to a one-time buyout payment instead of ongoing monthly payments to achieve a "clean break." Permanent (Long-Term) Alimony: Generally reserved for long-term marriages where, due to age or health, one spouse will likely never be able to be fully self-supporting.. How a Strategic Reno & Minden Family Law Attorney Helps Because Nevada alimony law is based on subjective factors rather than a rigid formula, the outcome relies heavily on preparation and strategy. At the Law Offices of Maximilian A. Stovall, we understand the local courts in Reno, Minden, and surrounding Northern Nevada communities. We know how local judges tend to weigh these different financial factors. Whether you are seeking support or defending against an unfair claim, we help by: Gathering Evidence: Meticulously documenting income, expenses, career sacrifices, and standard of living. Developing a Strategy: Crafting a compelling argument tailored to the specific factors that favor your position. Negotiating Fairly: Working toward a realistic settlement out of court that secures your financial stability. Litigating Fiercely: If a fair agreement cannot be reached, we are prepared to advocate vigorously for your financial rights before a judge. Don't leave your financial future to chance. Contact Us Today for Clear Financial Guidance → If you are facing divorce and have questions about alimony in Northern Nevada, contact the Law Offices of Maximilian A. Stovall today to schedule a consultation. We will help you understand your rights and develop a smart strategy for moving forward.