Contrary to popular belief,

financial disputes do not

comprise the majority of family

law matters.

Child custody issues are

actually the leading settlement

concern.

With children at the center, it’s

important to have experienced

litigation support systems in

place to guarantee a smooth

and amicable transition.

Mediation is an effective way to

keep the children as the focus,

without putting them in the

middle of parental disputes.

If mediation does not solve

custody matters or is not

conducive to the circumstances,

settling out of court is the next

best option. This option:

• Instigates mutually agreed

upon terms.

• Improves the co-parenting

relationship.

As a last case scenario, a judge will

make final decisions regarding the

terms of child custody

settlements.

Child custody disputes arise when married or unmarried parties cannot agree on a custody

arrangement or visitation schedule. Parental rights concerning children will vary depending on

the type of custody that is agreed upon or ordered by a judge.

The following are the types of child custody and their legal ramifications:

• Physical Custody – where the child will reside.

• Legal Custody – who has authority over the child’s upbringing.

• Sole Custody – only one parent has custodial rights to the child.

• Joint Custody – both parents share custody and authority of the child.

• Third-Person Custody – a relative or foster care will be given custodial rights.

• Split Custody – a flexible custody schedule or the division of children.

Physical custody means that a

parent has the right to have a

child live with them, and they are

responsible for the day-to-day

care of the child.

There are two types of physical

custody:

1. Sole or Custodial – when

a child resides primarily

with one parent and the

other parent may or may

not have visitation rights.

2. Joint – when the child

spends equal time

residing with each parent.

Legal custody gives the

parent the right and

responsibility to make

decisions regarding how the

child will be raised, including

schooling, religion, medical

care, and general welfare.

Like physical custody, this

right to make decisions can

be given to either one or

both parents.

Sole custody is typically an arrangement whereby only one parent has full physical and legal

custody of their child.

This is often the result of one parent being found unfit to care for the child, which is usually the

result of neglect, drug or alcohol abuse, child abuse, a history of violence, or mental instability.

Joint custody is the most common arrangement, in which children reside equally between the

two parents’ homes and decisions regarding the children are mutually agreed upon.

In some cases, one parent is awarded sole physical custody, while the other parent still retains

joint legal custody.

Third-Person Custody

• When both parents are deemed unfit

or are otherwise unable to care for

their child, placement is then based on

the child’s needs and best interests.

• Children are often placed with suitable

relatives or in foster care.

Split Custody Options

• A flexible custody schedule is made,

where the non-custodial parent has

extended visitation rights.

• “Birds Nest Custody” – parents take

turns moving into the original family

residence where the children reside

permanently.

• In the case of multiple children, siblings

may be split up and each parent may

take custody of a different child.

Child custody disputes are emotionally volatile and

complicated.

It’s vital to have a knowledgeable advocate on your side

in the form of a child custody attorney, with the ability

to represent you to the fullest extent.

• They must have experience in child custody law.

• They should appreciate the specific judicial system

you are working with.

• They should have the skill and resources to get your

child the guardianship they need.

Since 2003, McFarling Law Group has been committed to

providing advocacy, service, and conflict resolution in all

family law matters. As child custody lawyers in Las Vegas, NV,

we have proven over the years that we are capable and

passionate about fighting for your custodial rights.

For more information, visit www.mcfarlinglaw.com

or call (702) 565-4335.