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.

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Understanding Your Miranda Rights in Nevada

By Max Stovall • July 11, 2025

If you’ve ever watched a crime drama on TV, you’ve probably heard the famous line: “You have the right to remain silent…” But in the real world — especially if you’ve been arrested or questioned by law enforcement — understanding what your Miranda rights actually mean can make or break your case. Whether you’re facing charges in Douglas County, Washoe County, or anywhere else in Nevada, it’s crucial to know your rights — and how to use them wisely. What Are Miranda Rights? Miranda rights come from the 1966 U.S. Supreme Court case Miranda v. Arizona. The ruling requires police to inform you of specific constitutional rights before conducting a custodial interrogation — that is, questioning you while you’re in police custody. These rights include: The right to remain silent The right to an attorney The warning that anything you say can be used against you in court The right to have an attorney appointed if you can’t afford one These protections stem from the Fifth Amendment (protection against self-incrimination) and the Sixth Amendment (right to legal counsel). When Do Miranda Rights Apply in Nevada? Here’s a common misconception: police are not required to read you your Miranda rights at the time of arrest. In Nevada, your rights only need to be read if: You are in custody, and Law enforcement intends to question you So, if you’re arrested but not questioned, Miranda may not apply. Likewise, if you’re being questioned but are not technically in custody (for example, during a voluntary interview), your statements may still be admissible even if no rights were read. This gray area is where people often get tripped up — and why having a lawyer involved early matters. What Happens If Police Don’t Read You Your Rights? If you’re interrogated while in custody and your Miranda rights weren’t read, any statements you made may be considered inadmissible in court. That means the prosecutor can’t use them against you — and in some cases, it may lead to charges being reduced or dismissed. However, this does not mean your entire case is thrown out. The charges can still stand if there’s other evidence against you — like physical evidence, witness testimony, or surveillance footage. That’s why it’s so important to invoke your rights — and use them — from the moment you’re detained. How to Use Your Rights Effectively Knowing your rights is one thing. Using them wisely is another. If you’re stopped, questioned, or arrested in Nevada, here’s what to do: Say clearly and calmly: “I’m invoking my right to remain silent and I want to speak to an attorney.” Stop talking immediately. Even casual or offhand remarks can be used against you. Do not try to explain or justify yourself. That’s what your lawyer is for. Be respectful, but firm. You’re not required to answer questions, even if officers pressure you. This applies whether you’re in downtown Reno, at a traffic stop in Minden, or sitting in an interview room anywhere in the state. Miranda Rights Are a Tool — But Not a Loophole It’s important to understand that Miranda rights are not a “get out of jail free” card. They are there to protect you from coercion and help level the playing field between you and law enforcement. But if you waive those rights — either by speaking freely or answering questions — you may unknowingly harm your own case. That’s why having an experienced criminal defense attorney is essential. Your lawyer can challenge improper questioning, suppress statements made without proper Miranda warnings, and protect your constitutional rights at every stage of the process. Charged or Questioned in Northern Nevada? Don’t Go It Alone. At Max Stovall Law, we help clients across Douglas County, Washoe County, and greater Northern Nevada understand and assert their legal rights. Whether you’ve already been charged or you’ve just been contacted by police, we can step in, defend your rights, and help you make informed decisions from day one. Contact us today for a free consultation . We’ll walk you through what’s happened, what your options are, and how we can help protect your future — starting now.

Misdemeanor vs. Felony in Nevada: What’s the Difference and Why It Matters

By Max Stovall • July 10, 2025

If you or someone you love is facing criminal charges in Nevada, one of the first questions that comes up is whether the charge is a misdemeanor or a felony — and what that actually means. The difference isn’t just about legal definitions. It impacts everything: the potential penalties, how the case is handled in court, what kind of criminal record you’ll have, and how your future could be affected. Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, understanding this distinction is key to knowing your rights and making informed decisions. Let’s break it down. What Is a Misdemeanor in Nevada? A misdemeanor is considered a less serious offense, but that doesn’t mean the consequences are minor. Common misdemeanor charges in Nevada include: Petty theft or shoplifting (under $1,200) Trespassing First-time DUI (without injury) Simple battery or assault Vandalism Possession of small amounts of controlled substances In most cases, a misdemeanor is punishable by up to 6 months in jail, fines up to $1,000, and other penalties like community service, mandatory classes, or probation. These cases are typically handled in municipal or justice courts, such as East Fork Justice Court in Douglas County or Reno Justice Court in Washoe County. Even though jail time is possible, many first-time offenders may be eligible for alternative sentencing, diversion programs, or suspended sentences — especially if they have a good attorney advocating for them. What Is a Felony in Nevada? A felony is a more serious offense under Nevada law and carries significantly harsher penalties. Felony charges include: Drug trafficking Domestic violence with prior convictions Assault with a deadly weapon Grand larceny (theft over $1,200) Robbery Sexual offenses Homicide Felonies are categorized into five classes (A–E), with Category A felonies (like murder) being the most severe, potentially resulting in life in prison or even the death penalty. Lower-level felonies (Category D or E) may carry a sentence of 1–4 years in prison but still result in a permanent felony record. Felony cases are handled in district courts — for instance, Douglas County District Court in Minden or Second Judicial District Court in Reno. A felony conviction can impact your right to vote, own firearms, get certain jobs or licenses, and even find housing. That’s why felony charges require a strategic and aggressive legal defense — even if it’s your first offense. Why the Difference Matters The classification of your charge as a misdemeanor or felony affects more than just the penalties — it affects how the case is handled, how your record is treated, and how much leverage you have during plea negotiations. For example: A felony may not be eligible for record sealing for many years — if at all A misdemeanor may be sealed much sooner, sometimes just a year after the case closes Judges and prosecutors approach felonies with more scrutiny Felony convictions come with collateral consequences like losing civil rights It’s also not uncommon for some offenses to be charged as either a misdemeanor or a felony, depending on the facts of the case. This is known as a “wobbler” offense — and it’s one of many reasons why having an experienced defense attorney can make a big difference. The right lawyer may be able to get charges reduced from a felony to a misdemeanor or argue for alternative sentencing options that preserve your future. Don’t Make Assumptions — Get Legal Help Early Whether you’re facing a misdemeanor or a felony charge in Douglas County, Washoe County, or anywhere in Nevada, it’s a mistake to assume that one is “not a big deal.” Any criminal charge can follow you for years if it’s not handled correctly. At Max Stovall Law, we help clients navigate both misdemeanor and felony cases with clarity, strategy, and strength. We’ve worked in the local courts, we know the prosecutors, and we understand how to advocate for the best possible outcome — whether that means getting charges reduced, negotiating alternatives to jail, or fighting the case in court. If you’ve been charged — or are under investigation — don’t wait. Contact Max Stovall Law today for a free consultation. We’ll help you understand what you’re facing and what steps to take next to protect your record and your future.