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.

Driving with a Suspended License in Nevada: What Can Happen

By Max Stovall • October 22, 2025
If your driver’s license has been suspended in Nevada, getting behind the wheel might seem tempting — especially if you need to get to work, school, or take care of family. But driving on a suspended license is more than just a traffic violation. It’s a criminal offense with penalties that can make your situation much worse. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, here’s what you need to know about the risks, penalties, and possible defenses. Why Licenses Get Suspended in Nevada A suspension can happen for many reasons, including: DUI convictions or administrative suspensions Too many demerit points on your driving record Failing to pay traffic tickets or court fines Driving without insurance Certain criminal convictions, like reckless driving or vehicular manslaughter In many cases, you’ll receive notice from the Nevada DMV about your suspension, including the length of time and any steps you must take to reinstate your license. The Penalties for Driving While Suspended Driving with a suspended license in Nevada is usually a misdemeanor, but the penalties can be serious. For most cases, you could face: Fines: Up to $1,000 Jail time: Up to 6 months (though many first-time offenders receive probation instead) Extended suspension: The DMV will typically add more time to your suspension period If your suspension is related to a DUI, the penalties can be even harsher — including possible mandatory jail time and a longer extension on your suspension. How You Can Be Caught Police can learn about your suspension in several ways: Running your license during a traffic stop Automated license plate readers (ALPR) in patrol cars After an accident investigation Even if you’re driving safely, being pulled over for a minor infraction can lead to a suspended license charge if your driving privileges aren’t valid. Possible Defenses Depending on the circumstances, an attorney may be able to challenge the charge by showing: You were not aware your license was suspended (though this defense has limits) The DMV or court made an administrative error in suspending your license You were driving in a true emergency situation In some cases, your lawyer may be able to negotiate for a reduced charge — such as driving without a valid license — which carries lighter penalties. How to Reinstate Your License The best way to avoid a suspended license charge is to get your license reinstated before driving again. This usually involves: Paying any outstanding fines or fees Providing proof of insurance (SR-22 in some cases) Completing any required classes or court-ordered programs Waiting until the full suspension period has ended Local Defense for Suspended License Charges At Max Stovall Law, we represent clients facing suspended license charges in Douglas County, Washoe County, and across Northern Nevada. We know the local courts, the DMV process, and how to fight for reduced penalties — or get charges dismissed when possible. If you’ve been cited for driving with a suspended license, don’t wait for the problem to get worse. Contact us today for a free consultation and let’s start working toward getting you back on the road legally.

Reckless Driving in Nevada: More Serious Than You Think

By Max Stovall • October 8, 2025
Many drivers think of reckless driving as just another traffic ticket. In reality, Nevada treats reckless driving as a criminal offense — and the penalties can be just as serious as some DUI charges. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, a reckless driving conviction can affect your license, your insurance, and even your criminal record. What Is Reckless Driving in Nevada? Under Nevada law (NRS 484B.653), reckless driving means driving “in willful or wanton disregard of the safety of persons or property.” This is more than just speeding — it’s driving in a way that deliberately ignores safety. Examples can include: Excessive speeding far above the posted limit Aggressive weaving through traffic Street racing Running multiple red lights or stop signs Passing illegally in dangerous conditions Even a single act of extremely dangerous driving can qualify. Penalties for Reckless Driving The penalties for reckless driving in Nevada depend on whether it’s your first offense and whether anyone was injured. First offense (no injury): Misdemeanor criminal charge $250–$1,000 fine 8 demerit points on your driving record Possible jail time of up to 6 months (rare for first offenses, but possible) If someone is injured or killed: Felony charges , with the possibility of 1–6 years in prison Significantly higher fines Permanent criminal record Reckless Driving vs. DUI In some cases, DUI charges can be reduced to reckless driving as part of a plea deal. While reckless driving is still a criminal offense, it usually carries fewer long-term consequences than a DUI. However, this doesn’t mean a reckless driving conviction is “no big deal” — it still goes on your record and can lead to license suspension. How Reckless Driving Impacts Your Record Reckless driving is not just a traffic citation — it’s a misdemeanor or felony criminal offense, depending on the circumstances. A conviction will appear on background checks, can cause your insurance rates to spike, and may affect certain job opportunities that require driving. Demerit points also stay on your driving record for 12 months, and too many points can lead to a license suspension. Defending Against a Reckless Driving Charge An experienced Nevada defense attorney can challenge a reckless driving charge by: Questioning the accuracy of speed readings or other evidence Showing that your driving did not meet the legal definition of “reckless” Negotiating for a reduced charge, such as careless driving, which carries fewer penalties Every case is different, but having legal representation can make a big difference in how your case is resolved. Protect Your Record and Your License At Max Stovall Law, we represent clients facing reckless driving charges throughout Douglas County and Washoe County. We know how quickly a moment on the road can turn into a serious legal problem — and how to fight for the best possible outcome. If you’ve been charged with reckless driving, don’t take it lightly. Contact us today for a free consultation and start protecting your driving record and your future.