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.

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 .