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.
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 (18% of his or her gross monthly income not to exceed the statutory cap).
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 experiancing trouble. Soon many juristictions are now using this service. Currently, a parenting coordinator is the best person appointed or hired to assist seperating families in the midst of continuous conflict.
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.
McKellar Family Law
1404 S. Jones Blvd.
Las Vegas, NV 89146
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