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.

Child Custody in Nevada: How Courts Decide

August 27, 2025
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.

DUI Laws in Nevada: What Happens After a First Offense

By Max Stovall • August 11, 2025
A first-time DUI in Nevada can be a frightening experience, especially if you’ve never been in legal trouble before. You may be worried about losing your license, going to jail, or how this charge could affect your job and reputation. Whether your arrest happened in Douglas County, Washoe County, or anywhere in Northern Nevada, it’s important to understand the law — and what to expect in the weeks and months ahead. Nevada’s DUI Laws In Nevada, you can be charged with driving under the influence if: Your blood alcohol concentration (BAC) is 0.08% or higher (0.04% for commercial drivers, 0.02% for drivers under 21), or You are impaired by alcohol, drugs, or a combination, regardless of BAC This applies whether you were driving in downtown Reno, on a rural Douglas County highway, or anywhere else in the state. Penalties for a First DUI Offense A first-time DUI in Nevada is typically a misdemeanor, but the penalties can still be serious. If convicted, you may face: Jail time: 2 days to 6 months (often converted to community service for first-time offenders) Fines: $400 to $1,000 plus court costs License suspension: 185 days (with possible eligibility for a restricted license after 90 days) DUI education: Mandatory alcohol/drug education program Victim Impact Panel: Attendance at a panel hosted by groups like Mothers Against Drunk Driving (MADD) If your BAC was 0.18% or higher, you may also be required to install an ignition interlock device on your vehicle for 185 days. Criminal Case vs. DMV Hearing One important thing to understand is that a DUI triggers two separate processes: The criminal case in court The DMV administrative hearing about your license These are completely separate. Even if your criminal case is dismissed, the DMV can still suspend your license unless you successfully contest the administrative action. You only have 7 days from your arrest to request a DMV hearing — miss that deadline and your suspension will begin automatically. Possible Defenses for a First DUI Every case is different, but common defenses in first-offense DUI cases may include: Challenging the accuracy of the breath or blood test Questioning whether the traffic stop was lawful Showing that field sobriety tests were improperly administered Demonstrating that medical conditions or other factors caused “false positives” for impairment The sooner you involve an attorney, the more opportunities you have to protect your record and your license. Why You Should Take a First DUI Seriously Many people make the mistake of thinking a first DUI is “no big deal” — but a conviction stays on your record for 7 years. Any future DUI arrest during that time will be treated as a second offense, with much harsher penalties. A first offense can also raise your insurance rates and limit employment opportunities. Local Representation for DUI Charges At Max Stovall Law, we represent clients facing DUI charges in Douglas County, Washoe County, and throughout Northern Nevada. We know the local court systems, the prosecutors, and the strategies that work in these cases. Our goal is to protect your license, your record, and your future. If you’ve been arrested for a first DUI, don’t wait. The clock on your DMV hearing is already ticking. Contact us today for a free consultation and let’s start building your defense .