• Negotiating a divorce tends to be a difficult, emotionally demanding process, and the stress can be compounded when children are involved. Who will have legal custody of the kids? How will visitation schedules be arranged? These are important questions, and to help you answer them we’ll take a closer look at custody parenting plans.

• In Nevada, it is customary for child custody cases to be referred to the Family Mediation Center so the parties can come to an amicable agreement. The court gets involved with custody arrangements only when mediation fails.

• When overseeing the negotiations, the mediator is charged with the responsibility of considering the welfare of the child(ren) above all other factors.

• What happens when you meet with the mediator to draw up a custody agreement? The process goes through these stages:

1. Identify child custody issues.

2. Organize child custody issues.

3. Discuss proposed solutions.

4. Prepare the formal agreement.

• There are a number of issues that the parties must agree on before a formal custody arrangement can be established. One of the most important of these is legal custody of the child(ren).

• Often, parents end up splitting legal custody, which means that each party has a say in child-rearing issues such as schooling.

• Remember that physical custody is distinct from legal custody. Physical custody refers to the responsibility to provide housing to the child(ren). In short, a parent with physical custody “lives with” the kids.

• It’s common for parents to share this responsibility as well, each party alternating physical custody duties according to a set schedule.

• Don’t forget to decide who will have the kids during holidays and school breaks.

• If one parent has physical custody of the child(ren), it will be necessary to make appropriate financial support arrangements. This includes medical co-pay and clothing expenses.

• Also, decide which parent will claim the child(ren) on tax forms as dependents.

• Will the child(ren) attend public or private school? Will they be homeschooled? These are considerations that must be settled on during the mediation process.

• Also, it's important to determine which parent will attend school functions (such as PTA meetings) and receive report cards.

• It's also essential to decide which parent will be involved with making medical decisions for the child(ren). In many cases, the responsible parent is the one with physical custody at any given time.

• Religious instruction sometimes becomes a controversial point, especially if each parent practices a different religion. Will the child(ren) be taught about one parent’s religion, or both?

Founded by Emily McFarling, Esq. in 2003, the McFarling Law Group is dedicated to providing its

clients with highly effective representation in divorce, child custody, parental abduction, and

related family law matters. The firm is located in Las Vegas, Nevada.