Physical Custody Issues in Family Law

Physical Custody

Physical custody is a vital aspect of family law cases in Nevada and determines where the child primarily lives and spends their time. When parents cannot agree on physical custody arrangements, the court will intervene and make a decision based on the best interests of the child. As a family law attorney in Nevada, I am experienced in handling physical custody cases and can provide you with the necessary legal guidance to protect your rights and the best interests of your child.


Nevada defines physical custody as the physical possession of a child by a parent for the purpose of providing care, support, and supervision. Physical custody can either be sole, primary, or joint, depending on the circumstances of the case.


Sole physical custody means that the child primarily resides with one parent, and that parent has the responsibility for making decisions regarding the child's day-to-day care, support, and supervision. The non-custodial parent may have visitation rights, which can be determined by the court or agreed upon by the parents.  Sole is usually not appropriate in most cases, and primary physical custody is most often used.


Joint physical custody means that the child spends between roughly 40% to 60% of her time with both parents. Bluestein v. Bluestein, 131 Nev. 106, 113, 345 P.3d 1044, 1049 (2015).  The court will generally order joint physical custody unless it determines that it is not in the best interests of the child. Joint physical custody requires a high level of cooperation and communication between parents to ensure that the child has a stable and consistent living environment.


Primary physical custody is a hybrid of sole and joint physical custody. NRS 125C.003 allows for primary physical custody, which means that one parent has the child for the majority of the time, while the other parent has visitation rights. The parent with primary physical custody has the responsibility for making decisions regarding the child's day-to-day care, support, and supervision, but also the responsibility to keep the other parent informed.  If a parent has roughly over 60% physical custody, that parent would have primary physical custody.


When determining physical custody, the court considers various factors, including the child's relationship with each parent, each parent's ability to provide for the child's needs, and the child's physical, emotional, and mental well-being. The court's primary consideration is always the best interests of the child.


As your family law attorney, I can help you understand your legal options and work towards a resolution that is in the best interests of your child. Whether you are seeking sole physical custody, joint physical custody, or primary physical custody, I can guide you through the legal process and help you achieve the best possible outcome for your case.


In conclusion, physical custody is an essential aspect of family law cases in Nevada, and it is crucial to have a knowledgeable and experienced attorney on your side to protect your rights and the best interests of your child. Contact me today to schedule a consultation and learn how I can help you through this challenging time, using the relevant Nevada Revised Statutes as a guide.


February 24, 2026
A trial court judgment isn’t always the final word. Whether you are seeking to overturn a ruling or need to defend a hard-won victory, the appellate process in Nevada is a specialized field requiring a smart strategy and a deep understanding of the Nevada Rules of Appellate Procedure (NRAP). At the Law Offices of Maximilian A. Stovall, we provide comprehensive appellate representation and support for cases in ALL Nevada counties. From the high-volume courts in Clark and Washoe to the rural districts in Elko, Nye, and beyond, we represent clients at both the District Court and Supreme Court levels. The Clock is Ticking: Nevada Appeal Deadlines In Nevada, appeals from district court are strictly governed by the Nevada Rules of Appellate Procedure (NRAP). Appeals from justice court follow many of the same principles contained in the NRAP, but are governed instead by the Nevada Revised Statutes (NRS) and local court rules. The most important thing to know is that most deadlines are jurisdictional, meaning if you miss them, the court cannot hear your case. Notice of Appeal: In most criminal, civil, and family law cases at the district court level , you must file your Notice of Appeal within 30 days of the written notice of entry of the judgment. For most criminal judgments at the justice court level , you must file your Notice of Appeal within 10 days of your judgment of conviction. Struggling to meet your deadline? Immediate action is required. While some post-trial motions can "toll" (pause) the clock, you should never assume you have extra time without a legal review of your case. How the Appellate Process Works in Nevada Nevada uses a "deflective" or "push-down" model for its two highest courts. Every appeal from a District Court starts at the Nevada Supreme Court, but it doesn't always stay there. The Notice of Appeal: Filed in the District Court where your case was heard. The Docketing Statement: A required filing that helps the Supreme Court decide where your case belongs. The "Push-Down" Model: The Supreme Court may keep the case or assign it to the Nevada Court of Appeals for a final decision. Briefing: This is where the real work happens. Both sides submit written briefs arguing why the trial judge was right or wrong. Oral Argument: In some cases, the Court will ask the parties to present an oral argument to accompany the written briefing. How to Preserve an Appeal (Before the Trial Ends) In most instances, you cannot appeal simply because you didn't like the outcome. An appeal is about legal errors. To preserve an issue for appeal, attorneys must protect the record through: Timely objecting on the record during the trial stage. Filing the necessary pretrial and trial motions. Requesting a clear ruling from the judge. If an issue wasn't raised in the trial court, the appellate court may refuse to consider it. Some issues not preserved at the trial level may be considered on appeal, but only under a lower standard that gives more deference to the trial court’s rulings. If you are currently in litigation and anticipate an appeal, now is the time to ensure your record is protected. Procedural Hurdles: Transcripts and Briefs A successful appeal relies entirely on the Record on Appeal. If it isn’t in the transcript, it didn’t happen. Requesting Transcripts: Under NRAP 9, you must file a Transcript Request Form within 14 days of the appeal being docketed. Brief Writing: An appellate brief is not a "re-do" of the trial. It is a highly technical document that must cite specific laws and pages of the trial transcript. If something wasn’t included in the record at the trial level, the appellate court will not consider it. This is not the time to bring in new evidence or arguments not before the trial court; you must present the appeal through the lens of what the trial court already considered. Support for Other Lawyers: We Write the Briefs Are you a trial attorney with a heavy caseload and a looming appellate deadline? Writing an effective brief requires hundreds of hours of research and a specific "appellate voice." We offer brief-writing services for other law firms. If you have the file ready to go but lack the bandwidth to draft a 30-page brief that complies with every NRAP requirement, we can step in as of-counsel or on a contract basis to handle the heavy lifting for you. Meet Our Appellate Attorney: Lucas Glanzmann Our appellate department is anchored by Lucas Glanzmann, who brings a unique insider perspective to every case. Judicial Clerkship Experience: After law school, Lucas served a two-year clerkship with the Nevada Supreme Court. In that role, he worked closely with justices to research complex legal questions and draft appellate decisions. His work contributed to both unpublished orders and published opinions, including decisions that meaningfully shaped Nevada law. Today, he focuses his practice primarily on appellate advocacy, bringing that depth of experience directly to our clients’ cases. Strategic Insight: Having reviewed briefs from the Court’s perspective, Lucas understands how appellate judges evaluate arguments—what captures attention, what builds credibility, and what weakens a case. He crafts appellate briefs that are precise, focused on the dispositive issues, and written in a style courts appreciate: clear, disciplined, and grounded in the record and governing law. Appeals Veteran: From complex civil litigation to criminal guilty verdicts, Lucas has the experience to navigate the District Court, Nevada Supreme Court, and Court of Appeals with precision. Ready to Move Forward? If you are facing an appeal, do not wait. Whether you are an individual looking for representation or an attorney seeking brief-writing support, the Law Offices of Maximilian A. Stovall is here to help. The Stovall Team’s First Step: Send us all documentation. We will conduct a thorough review of your trial record to determine your best path forward. If you are an attorney, we will likely require you to file the notice of appeal and request transcripts before we take over the appeal. Contact Us Today Call our Reno or Minden offices to discuss your appeal and ensure your rights are protected before the deadline passes.
February 17, 2026
Community Property in Nevada: Who Gets What in a Northern Nevada Divorce? Nevada is one of only a handful of "community property" states. For couples in Reno, Minden, and Carson City, this legal distinction is the single most important factor in determining how your bank accounts, homes, and even your debts are divided during a divorce. At the Law Offices of Maximilian A. Stovall, we believe that understanding the rules of the road is the first step toward a fair financial future. Here is what you need to know about asset division in Northern Nevada. What is Community Property? In simple terms, community property includes almost everything—assets and debts—acquired by either spouse during the marriage. Under NRS 123.220, the law presumes that both spouses have an equal, 50/50 interest in this property, regardless of whose name is on the title or who earned the paycheck. Common examples of community property include: Income earned by either spouse during the marriage. Real estate purchased during the marriage. Retirement accounts and 401(k)s funded during the marriage. Debt, such as credit cards or medical bills, incurred while married. The Exception: Separate Property Not everything is split down the middle. Separate property belongs solely to one spouse and is generally not subject to division. This typically includes: Anything you owned before the marriage. Inheritances received by one spouse alone. Gifts given specifically to one spouse. Personal injury awards. The "Commingling" Trap: Separate property can quickly become community property if it is "commingled." For example, if you use an inheritance (separate) to pay down the mortgage on your family home (community), the lines become blurred. This is where a clear legal strategy is vital. How the Court Divides the "Community" While the starting point is a 50/50 split, a Nevada judge has the power to make an unequal distribution if there is a "compelling reason" to do so. This might happen if one spouse wasted community assets (marital waste) or if there are specific financial inequities that need to be addressed. The Role of Smart Strategy In Northern Nevada courts, the "division" isn't always about selling everything and splitting the cash. Smart legal representation focuses on: Offsetting Assets: Perhaps one spouse keeps the house while the other keeps the retirement account of equal value. Business Valuations: If you own a business in Reno or Minden, determining its value and how much of it is "community" vs. "separate" is a complex task. Debt Allocation: Ensuring you aren't stuck paying for debts your spouse incurred that didn't benefit the marriage. Protecting Your Future with the Law Offices of Maximilian A. Stovall Property division is often the most contentious part of a divorce. Max Stovall combines a calm, compassionate presence with a fierce dedication to ensuring his clients receive their fair share. We work to identify every asset, trace separate property, and ensure your financial interests are protected in court. Don't leave your financial legacy to chance. Contact Us Today If you are concerned about how your assets will be divided, contact the Law Offices of Maximilian A. Stovall for a consultation in Reno or Minden.