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
- If a custody order is already in place, how can I get it changed?
- Can Nevada enforce visitation rights that have been granted by a court in another state?
- What if I have a custody order from another state? Can I enforce it in Nevada?
- If there is a custody order in place, can I take my kids out of the state?
- Can a parent who does not have custody have access to the child's records?
After a custody order is in place
back to topIf a custody order is already in place, how can I get it changed?
To change a custody order, you will need to go to the court that originally gave you the order and file a motion to modify (change) the order. What you have to prove in court depends on whether you are trying to change an order of primary physical custody (the child lives with one parent full-time) or joint physical custody (you share physical custody with the child's other parent).
Primary physical custody
Generally, if either parent has primary physical custody, a judge will only change the custody order if:
- There has been a substantial (significant) change in the parents' circumstances that affects the welfare of the child; and
- It is in the child's best interest to change to custody order.*
Joint physical custody
If you have joint physical custody with the other parent, the judge will modify your custody order if s/he thinks it is in the best interest of the child to do so.***
Each county may have a different filing process for modifying a custody order, so you might want to contact the courthouse in your county for more information on what steps you need to take to file a motion. To find the contact information of a courthouse in your county, please visit our NV Courthouse Locations page.
As with all custody issues, we recommend that you first talk to a lawyer. To find a lawyer or legal aid program in your area, please visit our NV Finding a Lawyer page.
* Ellis v. Carucci,123 Nev. 18, 161 P.3d 239 (2007)
** Castle v. Simmons, 120 Nev. 98, 86 P.3d 1042 (2004)
*** N.R.S. §125.510(2)
back to topCan Nevada enforce visitation rights that have been granted by a court in another state?
Yes. Even if Nevada does not have the power to modify a custody order from another state, a Nevada judge can still issue a temporary order to enforce visitation rights that were granted by a court in another state.*
* N.R.S. §125A.455
back to topWhat if I have a custody order from another state? Can I enforce it in Nevada?
If you have a child custody order from another state, and want it to be enforced in Nevada, you have to register it with a Nevada court.* Many counties in Nevada refer to registering the order as "domesticating a foreign judgment."
To register your custody order from another state, you generally need to send the court the following:
- a letter or other document requesting registration;
- two copies, including one certified copy, of the order you want to register;
- a sworn statement that to the best of your knowledge and belief, the order you are registering has not been modified (changed); and
- you must include your name and address and the name and address of any parent (or person acting as a parent) who has been awarded custody or visitation in the custody order you are registering. However, if you do not want the abuser to know your address, you must include a sworn statement (called an affidavit) that you or your child's safety would be in danger if your address were given to the other parent. The information will then be sealed (kept confidential) and it could only be given to the other parent if the judge decides to do so after holding a hearing.**
For more specific information on registering your order, you can contact your local courthouse and ask the clerk what steps you need to take and what court forms, if any, you need to fill out. You can go to NV Courthouse Locations to find the contact information for the court in your county.
The court will then notify the other parent of your request to register the order to give him/her the chance to request a hearing to fight the registration. If the hearing is not requested within 20 days of being notified, the right to request the hearing is lost and the registration of the custody order is confirmed (finalized).***
After you register your custody order, Nevada courts will have the power to enforce it but usually do not have the power to change it unless certain requirements are met.*
To find out more about how to get a Nevada court to change the terms of a registered custody order, or for any other questions, we recommend you speak to a lawyer. To find a lawyer near you, you can go to Finding a Lawyer.
* N.R.S. §125A.475
** N.R.S. §125A.465(1)
*** N.R.S. §125A.465(2)&(3)&(5)
back to topIf there is a custody order in place, can I take my kids out of the state?
It depends. Generally, whether you can take your child out of the state for a short period of time depends on what your custody order says. The custody order may allow you to take your child out of the state, prohibit you from taking your child out of the state, or it may not address this issue at all. The judge may require that you post a bond or other security (money) to make sure that the child is returned to the state. For more information, we recommend that you speak to a lawyer who can look at your custody order and advise you.
If you have custody of your child (you are the custodial parent) and you want to move out of state with him/her, you must, as soon as possible and before the planned move, try to get the written consent of the other parent (the noncustodial parent) to move the child out of Nevada. If the noncustodial parent refuses to give consent, you must petition (formally ask) the court for permission to move before leaving the state with the child. If you do not follow these steps, it could be held against you if the other parent requests custody.*
Some examples of things that the judge may consider when deciding whether to give you permission to move the child out of state are whether the quality of life would be better for you and the child, how the visitation with the other parent would be affected, and your motive in wanting to move.** To learn more about what other factors the judge will consider and for advice on how to best prepare your case, we recommend that you speak to a lawyer before filing your petition.
To find a lawyer near you, go to NV Finding a Lawyer.
* N.R.S. § 125C.200
** See Schwartz v. Schwartz, 107 Nev. 378, 812 P.2d 1268 (1991)
back to topCan a parent who does not have custody have access to the child's records?
Yes. In Nevada, a parent who does not have custody of his/her child may still have access to the child's records. Examples of the types of records that a parent who does not have custody may have access to are school records, medical records, and dental records.* Therefore, if you are living in a confidential address that you do not want known to the abuser, you might want to consider asking the school and your child's doctors whether you can give a P.O. Box or a relative's address for their records instead of using your confidential address.
* N.R.S. § 125.520(2)