Joint Physical Custody & What It Means

At Aden Law, we have a keen understanding of Nevada law when it comes to child custody. In Nevada, joint physical custody does not necessarily mean a perfect half and half, equal timeshare. Rivero v. Rivero, 125 Nev. 41 (2009) defines joint physical custody as any custodial time that equals 40% to 59% of the time. This adds up to 3 nights a week, or 146 nights a year.

It is important to take note that custodial time is also defined by nights; where the children put their head on the pillow at night. It does not necessarily mean which parent had more custodial hours each day, but rather where the children sleep.

It is a common misconception that joint custody must mean Clients 50/50 to make it “fair.” Custody is not recognized as what is “fair” for you, the parent. It is centered on the consideration of what is in the best interest of the child/children. For example, if one parent works night shifts 4 nights a week, or is out of town on business 4 days and 3 nights a week, then it is not in the children’s best interest that you have a 50/50 schedule just so that parent feels that it is “fair.” In situations such as this a 4/3 split might make more sense, which is still joint physical custody under Nevada law, but more accommodating to the children’s needs.

It can be difficult to set personal feelings aside in order to clearly see what is best for the child. However, this is necessary in order ensure happiness for your child. What you think is best might not be best for the child, but, instead, best for yourself. 50/50 can be great if it works for the children. This is the ideal form of joint custody. At The Law Offices of Andriea A. Aden, we believe that a week-on/week- off schedule with exchanges on Fridays works great. This is particularly beneficial for children in school, as it helps create consistency and an easy transition for their week. Remember, what’s best for the child comes first!