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A Guide to Handle Child Custody and Visitation During the Divorce Process

Divorce can be an emotional and complicated process, especially when figuring out child custody and visitation arrangements. Statistics show that the divorce rate in Las Vegas in 2019 was 4.2 per 1,000 residents.

However, child custody and visitation were complicated issues that required a lot of time, energy, and money to resolve most of these cases. With a lot at stake, it’s vital to get sound legal advice from a Las Vegas child custody lawyer when you enter the divorce process.

But before you hire an attorney, get familiar with some technicalities of child custody and visitation schedules.

child custody

What is Child Custody?

Both parents have rights regarding custody, and your judge will determine what arrangement is in your child’s best interest during your divorce. In many cases, both parents will share joint custody. It means that both of you will make significant decisions together.

Joint custody is better because it may help reduce conflict between divorced parents and decrease any sense of competition between them over their children.

Deciding Between Joint Custody and Sole Custody

Before you and your spouse decide how to split custody, you must know what each option means. The difference between joint and sole custody is based on which parent has final decision-making authority over major decisions concerning your child’s education, religious upbringing, and general welfare. With joint custody, both parents have an equal say in these matters.

With sole custody, one parent has complete control of schooling decisions and legal responsibility for major health-related issues and serious offenses. A Las Vegas child custody lawyer can guide and help you understand the entire process much better.

Temporary Child Custody Order

A temporary child custody order is usually in place until there’s a final custody order. Under these circumstances, typically, neither parent will have physical custody of their children. Instead, kids are handed over to either grandparents or family members for an indefinite period.

Neither you nor your spouse can make any major decisions regarding your children without court approval. If you get a temporary child custody order and are granted visitation rights, then you may contact your children’s other parent and adhere to all these terms set forth by court orders.

How To Get a Temporary Child Custody Order?

You must apply for it at least two weeks before your divorce is filed to get temporary child custody. To do so, you must apply for Temporary Protective Orders in Las Vegas with copies of any orders, judgments, or agreements in your favor.

If there are no previous orders or sentences in your turn, you must submit an affidavit explaining why you should have temporary custody. A hearing will be scheduled and usually takes place five days after applying.

The judge may offer two possible decisions:

    • grant temporary custody and visitation rights to one party until the divorce proceedings end;
    • or schedule another hearing for both parties to present their case before deciding on temporary orders.

Visitation Schedule

As you probably know, visitation schedules are used to determine how and when both parents can see their child. You may create your program in conjunction with your spouse or ex-spouse.

A typical schedule in Las Vegas involves two weeks with each parent. In some cases, court orders for child custody can involve three- or four-week periods. Still, it’s not uncommon for judges to alter these schedules based on your family’s unique circumstances.

Final Thoughts

Child custody, visitation arrangements, and child support are all major factors in a divorce proceeding. Making decisions about your children is never easy. Still, with careful planning and legal advice from Las Vegas child custody lawyer, you can reach an agreement that serves everyone’s best interests.


Read More:

Tips for raising a child with special needs

Helping your child handle divorce in a healthy way

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