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FAMILY LAW - Child Custody
MANDY MCKELLAR • July 9, 2020
Custody, the difference between Legal and Physical
There are many factors that drive custody; there are two different kinds of designation: LEGAL AND PHYSICAL
LEGAL CUSTODY is defined by who selects the child’s schooling, doctors, orthodontist, etc, most aspects dealing with the legal ramifications of having a child. While most parents generally agree to joint legal custody, there could be aspects of your case which would lead to the conclusion that the designation of custody should be sole legal. Our experienced family law practitioner will explain to you the difference between the two designations.
PHYSICAL CUSTODY is defined as the physical placement of the child there are two different kinds of custody Joint and Primary Physical custody. In recent Nevada Supreme Court decisions your custodial designation will drive MANY important aspects of your case, this include income tax deductions, child support, where the child attends school and custodial time share.
JOINT PHYSICAL CUSTODY
In a recent Nevada Supreme Court decision, the court placed a time period on what would be considered joint physical custody, this essential equates to one parent having at least 40% of the time with the child, this timing will affect the amount of child support either you may have to pay or collect. The time period appropriate for Joint Physical Custody is 146 days per year.
PRIMARY PHYSICAL CUSTODY:
A primary physical custodian must have custody and control of the child over 60% of the time. A primary custodian will most likely claim the child on his or her income taxes each and every year, and will collect the presumptive maximum of child support (16% of his or her gross monthly income).
A PARENTING COORDINATOR IS A SPECIAL MASTER, with limited authority in cases where there are problems co-parenting. In the early 1990s, professionals in California borrowed statutes previously developed for Special Masters and Mediators. California was the first to develop a court order to appoint a special master. Their primary function is to "settle" disputes when parents are unable to agree. The process has been clarified and further developed over the years. Special masters do not teach parents the skills they need to develop a collaborative relationship, this is something the parties develop on their own, but they will assist in the process to get there. Parenting Coordinators will teach the parties there role in the parenting process and provide assistance to those experiencing trouble. Many jurisdictions are now using this service, including Nevada. Currently, a parenting coordinator is the best person appointed or hired to assist separating families in the midst of continuous conflict. Are you having issues with a co-parent? Do you need a referee to address some disputes? Are you sick of having to file a Motion in Court whenever there is an issue. Sometimes having a Parenting Coordinator is cheaper than having an attorney file something at every instance of misconduct or difficulties co-parenting. Do you have questions or do you want to make an appointment in this area? Call us at 702 221-2069 or use our contact form.
T IPS 1. Do NOT get out of your car unless the officer asks you to do so. If the officer orders you to get out of the car and asks you to perform any number of field sobriety tests, you are not required to complete any of these tests. 2. DO NOT PEFORM FIELD SOBRIETY TEST Field sobriety tests are NOT the same as blood or breath testing. Field sobriety tests check for coordination and balance--acts people don't normally perform sober or drunk--can set you up for failure. No matter how well you perform these "tests" they can be manipulated and used against you in a court of law. Why incriminate yourself through ridiculous roadside stunts? 3. REQUEST ALTERNATIVE TEST The breathalyzer is a device used by the police to determine your blood alcohol content. The accuracy of these tests is suspect. They do not always provide correct information about an individuals level of intoxication. Nevada follows the Implied Consent Law. By applying for a drivers license, you have agreed to submit to chemical testing of your blood, breath, or urine, at the request of a police officer. In some cases, however, it may be in your best interest to refuse DUI breath tests and other chemical testing to avoid harsher penalties or inaccurate results. It is appropriate to request that the officer allow you to be taken to the station for blood test. YOU MUST submit to chemical testing of your blood, breath, or urine. While there are benefits and drawbacks to each method of chemical testing, breath tests tend to be the least reliable method. Blood tests tend to be the most fair and accurate tests, though these are not always offered to a suspect. If a chemical test shows that you have a blood alcohol level of 0.08 or greater, this is enough to prove that you are legally intoxicated and you may be arrested on criminal DUI charges. There are circumstances where a lower BAC may elicit a DUI arrest. If you are charged with driving under the influence offense, it is vital that you speak with a qualified and experienced attorney as soon as possible. CALL US (702) 816-5200 if you have been suspected of a DUI so that we can assess the matter, and guide you through the process.
