In Reno, NV, child custody decisions are based on what is in the best interest of the child, not necessarily what is easiest for the parents. The court considers factors such as safety, stability, parental involvement, and the ability to co-parent respectfully. While custody laws are the same across Nevada, local court expectations and culture matter, too.

At Gastelum Attorneys, we’ve helped families across Reno navigate custody decisions with confidence, compassion, and clarity. Whether you’re in the early stages of divorce or modifying an existing order, here’s what you need to know.

What does “custody” actually mean in Nevada?

Custody refers to both the person with whom the child lives and the person who makes decisions on their behalf.

Nevada law breaks custody into two types:

• Legal custody: The right to make decisions about the child’s health, education, and welfare.
• Physical custody: Where the child lives day-to-day.

Parents can share both types (joint custody), or one parent may be granted primary or sole custody if it’s in the child’s best interest. A custody lawyer in Reno can help you determine which structure best fits your family’s needs.

How do Reno courts decide what’s “in the best interest” of the child?

The court’s top priority is always the child’s well-being, not the preferences of either parent.

Under Nevada Revised Statutes (NRS) 125C, the court weighs multiple factors, such as:

• The emotional bond between the child and each parent
• Each parent’s ability to provide a safe, stable home
• History of abuse, neglect, or domestic violence
• The child’s age, maturity, and, in some cases, preferences
• Willingness to support a healthy relationship with the other parent

Does joint custody mean a 50/50 split?

Not always. “Joint custody” means shared responsibility, but it doesn’t have to be a perfect half-and-half split.

Joint physical custody typically means that each parent has the child for at least 40% of the time. Schedules can vary:

• Week-on/week-off
• 2-2-5-5 split
• Every other weekend (less common in actual joint cases)

Courts in Reno tend to favor joint custody when both parents are fit and can cooperate. At Gastelum Attorneys, our Reno divorce attorneys can help craft a parenting plan that reflects your child’s needs and aligns with your life.

In Reno Family Court, joint custody is often encouraged when both parents are capable and cooperative. If you’re still exploring how to begin the legal process, don’t miss our in-depth walkthrough on How Do I File for Divorce in Reno, Nevada. It covers timelines, required forms, and what to expect.

What if we can’t agree on custody?

Then, the court will decide based on the evidence presented by each side.

If parents can’t reach an agreement, the case goes to a custody hearing. A judge will listen to testimony, review documents, and possibly appoint:

• A guardian ad litem (to represent the child’s best interests)
• A custody evaluator’s or therapist’s report
• Witnesses or documentation (texts, emails, etc.)

We’ll help you build a strong case centered on parenting rather than personal attacks. Judges notice when one parent is more focused on fighting than problem-solving.

What’s the process for filing for custody in Reno?

You’ll either request custody as part of a divorce or file a separate custody case.

Here’s how the process generally works:

File the initial paperwork.

• In divorce, custody is included in the complaint.
• Outside of marriage: file a custody petition.

Serve the other parent.

• Proper notice is required by law.

Attend mediation.

• Required in most cases unless there’s a history of domestic violence.

Submit a parenting plan.

• Outlines schedules, decision-making processes, and communication strategies.

Go to court (if needed).

• If no agreement is reached, a judge will make the decision.

We often assist families in filing their documents properly and handling Reno Family Court procedures efficiently.

How do judges view stay-at-home parents or working parents?

Neither role is favored. It’s about who can provide consistent, loving care.

The court doesn’t automatically favor stay-at-home parents or working parents. Instead, it asks:

• Who has been the child’s primary caregiver?
• Can both homes provide supervision and support?
• How flexible is each parent’s schedule?

Can my child choose with whom they live?

Possibly if they’re old enough and mature enough.

In Nevada, there’s no set age when a child can decide where to live. But judges may consider a child’s preference if:

• The child is mature enough to express a reasoned choice
• The preference isn’t based on manipulation or pressure

A custody lawyer in Reno can help present your child’s views respectfully without putting them in the middle of a conflict.

What if the other parent isn’t safe or stable?

You can request sole custody, but you’ll need evidence.

If you’re concerned about substance abuse, violence, or neglect, bring it to the court’s attention. Safety comes first. Be prepared with:

• Police reports or protective orders
• Medical or counseling records
• Witness statements

Judges take these issues seriously. At Gastelum Attorneys, we help you protect your children while ensuring your rights are also respected.

Can custody orders be changed later?

Yes. You can request a modification if there’s a significant change in circumstances.

Common reasons include:

• A parent relocating
• Change in job or work schedule
• Safety or health concerns
• Child’s needs or preferences evolving

A modification case still focuses on the child’s best interests. We guide Reno families through updates smoothly without unnecessary drama.

Will I need a custody lawyer in Reno?

If your case involves conflict, complexity, or concerns about fairness, yes.

Here’s when working with a divorce lawyer in Reno (with custody experience) helps:

• You’re going through a divorce with minor children
• You and your co-parent can’t agree on a schedule
• You’re worried about safety or fairness
• You need to enforce or change a custody order

At Gastelum Attorneys, we’re not just here for the paperwork. We’re here to listen, support, and fight for what’s best for your child. We’ve built a reputation in Reno for honest advice and innovative advocacy in family court.

Need a Custody Lawyer in Reno Who Truly Cares?

At Gastelum Attorneys, we offer bilingual legal representation (English and Spanish) and personalized support for families navigating divorce and custody in Reno and across Nevada. 

Since 2018, our legal team, led by Attorney Jennifer Gastelum, has earned a reputation for compassionate, results-driven representation rooted in local expertise.

We’re known for:

• Fast and responsive communication
• Private, tech-forward legal services
• Experience in complex custody and divorce cases
• A commitment to protecting your rights and your child’s well-being

We understand that your family’s future is at stake. Let’s move forward together with clarity, compassion, and strength.

 

FAQs

How much does it cost to take someone to court over custody in Reno?

Custody cases in Reno typically range from $2,000 to $30,000 or more, depending on complexity. Costs vary based on factors like whether the case is contested, the time involved, expert evaluations, and attorney fees. 

Hiring an experienced custody lawyer in Reno can help manage expenses and prevent unnecessary delays. At Gastelum Attorneys, we work to resolve custody matters efficiently while protecting your parental rights.

Who usually wins child custody cases in Nevada?

Nevada courts generally favor shared custody whenever possible, prioritizing the child’s best interests.

While mothers have historically received primary custody more often, family courts in Reno are shifting toward balanced parenting time. 

With the help of a knowledgeable divorce attorney in Reno, both parents have a fair opportunity to secure joint or even primary custody based on their parenting capabilities and level of involvement.

Which type of custody case is the most expensive?

Contested custody cases usually cost significantly more than uncontested ones. If both parents can’t agree and the case goes to trial, legal fees, expert witnesses, and court time drive up costs. 

An uncontested case where terms are agreed upon in advance is quicker and more affordable. Working with a strategic custody lawyer in Reno can reduce conflict and save money in the long run.

What does 30% custody mean in Nevada?

30% custody usually means the non-custodial parent sees the child on weekends and some holidays.

This often resembles a “5-2 split,” where one parent has custody during the school week and the other has the child from Friday evening to Sunday evening. 

A Reno-based divorce lawyer can help negotiate parenting time that fits your family’s needs and meets court standards.

Can a parent get custody every weekend in Reno?

Courts usually avoid awarding one parent every weekend unless both parties agree. Judges aim for balanced parenting time. A more realistic request is custody on the 1st, 3rd, and 5th weekends of the month. 

A seasoned divorce attorney in Reno can help craft a reasonable schedule that supports your child’s well-being and increases the chance of approval.