Know the Laws: Nevada
UPDATED May 29, 2012
Please consider getting help from an organization in your area before proceeding with court action. To find an organization, please go to the NV Where to find Help page.
- Definitions
- General information
- Who can seek custody
- Where and how to file for custody
- The custody process
- Mediation in custody/visitation cases
- After a custody order is in place
The custody process
back to topWhat can I expect to happen in court during the custody case?
Often times, the parents will come to an agreement about child custody. A judge will review that agreement and, under most circumstances, turn it into a formal court order. Only a court order can be enforced by the court if one person violates the order.
If the parents cannot come to an agreement, a judge might order the parents into mediation, where a mediator tries to get you and the other parent to come to an agreement. There are exceptions for domestic violence victims, however. See What is mediation? for more information.
If the parents still can't agree after mediation, or if the judge doesn't order mediation, then the case would go to trial. In a trial, there would be a hearing (that may last more than one day) where both sides can present evidence and witnesses to support their claim for custody. Then a judge will issue an order stating who gets custody and what the visitation should be.
As with all custody issues, we recommend that you talk to a lawyer about this. To find a lawyer or legal aid program in your area, please visit the NV Finding a Lawyer page under the Where to Find Help tab at the top of this page.
back to topHow will a judge make a decision about custody?
A judge will make a custody order based on what s/he believes is in the best interest of the child. Judges generally prefer to award sole or joint custody to the child's parents (as opposed to other relatives) if this is in the best interest of the child. The court will not automatically give preference to the mother or father just based on his/her gender.
Judges look at the following factors when making custody decisions about what is in the best interest of the child:
- what the child wants (if the child is old enough to decide),
- which parent is more likely to allow the child to have a relationship with the non-custodial parent,
- the level of conflict between the parents,
- the ability of the parents to cooperate to meet the needs of the child,
- the mental and physical health of the parents,
- the child's physical, developmental, and emotional needs,
- the quality of the child's relationship with each parent,
- whether or not the child will be able to keep a relationship with siblings,
- any history of abuse or neglect against the child or a sibling,
- whether either parent has abducted the child or any other child, and
- whether either parent has committed an act of domestic violence against the child, a parent of the child, or any other person living with the child.*
* N.R.S. §125.480(1) - (4)
back to topIf I have moved away from the house where my husband and children currently live, will this hurt my chances of gaining custody?
Maybe. If you leave without your children and the father has been doing a good job in caring for the children on his own since you left, the judge might consider this as a factor when making a custody decision. Some judges might also view leaving as evidence that you are putting other priorities before your children. However, a judge may also consider the reason why you left. For example, if you left to protect yourself from further physical abuse, this is important to prove in court since judges are supposed to assume that an abuser shouldn't get custody. See Can a parent who committed violence get custody? for more information.
As with all custody issues, we recommend that you talk to a lawyer about this. To find a lawyer or legal aid program in your area, please visit the NV Finding a Lawyer page under the Where to Find Help tab at the top of this page.
back to topCan I change the state where the case is being heard?
Possibly. For information on trying to modify a final NV custody order in another state, or an out-of-state custody order in NV, go to our Changing a final custody order page in the general custody information section. This will tell you what factors a judge will consider when deciding whether or not to transfer your case to a new state.
This is often complicated, and as with all custody issues, we recommend that you talk to a lawyer about this. To find legal resources in NV, go to our NV Finding a Lawyer page. To find legal resources in a state other than NV, select that state from the Where to Find Help tab on the top of this page and then click Finding a Lawyer.