No one wants to end up in a child custody dispute. Unfortunately, there are situations where a dispute seems unavailable. If parents cannot come to an agree about the best schedule for shared child custody, the dispute will have to be resolved with the help of a third party. It is important to understand your rights as a mother as you go into a child custody dispute with your child’s other parent. What are mothers’ rights in a child custody dispute?
Mothers and Fathers Have Equal Custody Rights Under Nevada Law
There is no law in Nevada that states that mothers have a greater or lesser right to custody than fathers. Parents are considered to have equal rights to custody under Nevada law. When there is a dispute, the court will look at each parent and consider all factors that impact the well-being of the child. Ultimately, the well-being of the child, not the gender of the parent, is the factor that is the most important in resolving a custody dispute. Mothers and fathers can share legal and physical custody if that is what’s best for the child.
Legal Custody
Legal custody is a phrase that describes a parent’s ability to make decisions about the child’s upbringing and well-being. Mothers with legal, joint or shared custody have the right to be part of major, long-term decisions in the child’s life even when the child is in the physical custody of the other parent.
Physical Custody
Physical custody is what most parents think about when they hear the phrase ‘child custody dispute’. Where is the child going to live? Who will be with the child day in and day out? Mothers have traditionally played a larger role than fathers in the physical, day-to-day care of young children. There may be societal factors that view mothers as the caregivers but the law in Nevada is clear – fathers also have rights to physical custody.
Joint Physical Custody
Joint physical custody is an arrangement in which the child splits time between the parents. The time can be split evenly or in any way that is deemed in the best interest of the child. The logistics of joint custody can be arranged in whatever way works best for your family and is in the best interest of the child. In a child custody dispute, the court may have to dictate the details of the arrangement if the parents cannot come to an agreement.
Sole Physical Custody
Sole physical custody means that one parent has physical custody of the child. A parent with sole physical custody generally has the child living with him or her full time in that parent’s home, with some type of visitation to the other parent.
In any child custody dispute, the well-being of the child is the primary concern. Mothers have just as many rights as fathers to physical and legal custody. In any child custody dispute, it is important to get the help of an experienced child custody attorney. It is scary to think about losing time with your children or having limited access to them. Hire an attorney from the beginning to ensure that your rights as a mother are honored with a resolution to the dispute that puts your child’s well-being first.
