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Know the Laws: Nevada

UPDATED May 29, 2012

Custody


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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

back to topWhat is custody?

Custody is the legal responsibility for the care and control of your child (under 18).

In Nevada, when a judge gives you a custody order, the order will address two things: legal custody and physical custody.*

Legal custody is the right to make major decisions about your child.  If you are granted legal custody of your child, you may have the right to make the following types of decisions:

  • where your child goes to school;
  • whether your child gets a particular type of medical care; and
  • what kind of religious training your child receives.

Physical custody is the actual physical care and supervision of your child.**  If you are granted physical custody, your child may live with you on a day-to-day basis.

A custody order may be either long-term or temporary - but even long-term orders may be changed by a judge at a later date.

* See N.R.S. § 125A.055(1)
** N.R.S. § 125A.145

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back to topWhat options are there for legal custody?

There are two types of legal custody: sole legal custody and joint legal custody.

If you have sole legal custody, you alone have the right to make all of the decisions affecting your child's life.

If you have joint legal custody, you share the right to make decisions about your child's life with the child's other parent.

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back to topWhat options are there for physical custody?

There are three types of physical custody: sole physical custody, primary physical custody and joint physical custody.

If you have sole physical custody, then you alone are responsible for your child's full-time physical care and supervision. Usually, judges will grant sole physical custody to a parent only if the other parent is completely out of the child's life or is dangerous and abusive.

If you have primary physical custody, then your child is under your physical care and supervision for the majority of the time. Even if one parent has primary physical custody, the other parent may still have a right to visit the child.

If you have joint physical custody, you share physical care and supervision with the child's other parent.

In Nevada, it is common for a judge to grant primary physical custody to one parent and joint legal custody to both parents.

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back to topWhat is joint custody?

Joint custody means that legal and/or physical custody is shared by both parents.  If you get a joint custody order, it's important to know whether you have joint legal custody, joint physical custody, or both.

In Nevada, a judge could grant joint legal custody to both parents if both parents are in agreement – however, the judge might still grant sole or primary physical custody to one parent.*  Even if your child lives with you full-time, your former spouse can still have a right to make decisions about your child's life if s/he has joint legal custody.

There is a preference in Nevada for both parents to have a continuing relationship and frequent contact with the child, and to share the rights and responsibilities of child rearing after the parents have become separated.**  A judge will generally grant joint custody if s/he thinks it is in the best interests of the child.***  However, there is an exception for domestic violence victims.  Read Can a parent who committed violence get custody? to learn more.

* N.R.S. § 125.490(2)
** N.R.S. § 125.460
*** N.R.S. § 125.480(1)

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General information

back to topWhat are the pros and cons of getting a custody order?

There are many reasons people choose not to get a custody order from a court.  Some people decide not to get a custody order because they don't want to get the courts involved.  Some parents make an informal agreement that works well for them.  Some parents may think going to court will provoke the other parent, or they are worried that the other parent might get custody or visitation.

However, getting a custody order from a court can give you certain legal rights.  Getting a custody order can give you:

  • The right to make decisions about your child and
  • The right to physical custody of your child (to have your child live with you)

Without a custody order, it is possible that you may not have these legal rights, even if you're the parent that takes care of the child every day.  Your legal rights without a custody order may depend on whether you're married to the other parent. See Who has custody if there is no custody order in place? for more details.

Some people think they should file for custody so they can get child support.  While custody and child support are related, you do not necessarily need a custody order to get child support.  A custody order will not automatically give you child support.  See Can I get financial support for my children and myself? for more details.  As with all custody issues, we recommend that you talk to a lawyer about this.  To find a lawyer in your area please visit our NV Finding a Lawyer page under the Where to Find Help tab at the top of this page.

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back to topShould I start a court case to ask for supervised visitation?

If you are not comfortable with the abuser being alone with your child, you might be thinking about asking the judge to order that visits with your child be supervised.  If you are already in court because the abuser filed for visitation or custody, you may not have much to lose by asking that the visits be supervised if you can present a valid reason for your request (although this may depend on your situation).

However, if there is no current court case, please get legal advice BEFORE you start a court case to ask for supervised visits.  We strongly recommend that you talk to an attorney who specializes in custody matters to find out what you would have to prove to get the visits supervised and how long supervised visits would last, based on the facts of your case.

In the majority of cases, supervised visits are only a temporary measure.  Although the exact visitation order will vary by state, county, or judge, the judge might order a professional to observe the other parent on a certain amount of visits or the visits might be supervised by a relative for a certain amount of time -- and if there are no obvious problems, the visits may likely become unsupervised.  Oftentimes, at the end of a case, the other parent ends up with more frequent and/ or longer visits than s/he had before you went into court or even some form of custody.

In some cases, to protect your child from immediate danger by the abuser, starting a case to ask for custody and supervised visits is appropriate. To find out what may be best in your situation, please go to NV Finding a Lawyer to seek out legal advice.

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back to topWho has custody if there is no custody order in place?

It depends.  In Nevada, if the parents are married and have not yet gotten a custody order, both parents automatically share legal custody of your child. This means that you and your spouse have equal rights to make major decisions about your child's life and to have the child live with you.*

If the parents of the child were never married, the mother has primary physical custody of the child if paternity (legal fatherhood) has not been legally established.  The father has primary physical custody of the child if the mother "abandoned" the child to the father (by failing to provide substantial personal and economic support to the child for at least 6 weeks in a row) and the father has been the only one caring for the child since the mother left.** 

* N.R.S. § 125.465
** N.R.S. § 126.031

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back to topWhat will a visitation order include?

A visitation order must specifically lay out the terms of the visitation (i.e., days and times) so that the order can be clearly understood and enforced.  The order is not supposed to say something ambiguous such as "the father has reasonable visitation," because the term "reasonable" can be interpreted differently by each parent.  A visitation order must also say which state is the state where the child resides (this may be referred to as the "habitual residence" in the order).* 

* N.R.S. § 125C.010

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Who can seek custody

back to topWho can seek custody?

A person other than a child's parent can apply for custody.  However, the court would only grant custody to a non-parent if the judge makes a determination that giving custody to the parent(s) would be detrimental (harmful) to the child and it is in the child's best interest to be placed in the custody of the non-parent.* 

If custody is going to be given to a non-parent, judges will award custody in the following order of preference unless the best interest of the child conflicts with this order:

  • To a person(s) who the child lives with and where the child has had a wholesome and stable environment;
  • To a relative of the child who the court finds to be suitable and able to provide proper care and guidance for the child (it doesn't matter if this person lives in Nevada or not);
  • To any other person(s) who the court finds to be suitable and able to provide proper care and guidance for the child.**

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.

* N.R.S. §125.500
** N.R.S. § 125.480(3)

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back to topCan a parent who committed violence get custody?

Maybe.  If a judge finds that a parent or any other person asking for custody committed one or more acts of domestic violence against the child, a parent of the child, or any other person living with the child, then the judge will assume that sole or joint custody to this parent is not in the best interest of the child.  However, the abuser can still present evidence to try to change the judge's mind and to prove that it would be in the child's best interest to give him or her custody.*  If the judge is convinced, s/he may give the abuser sole or joint custody of the child.

If a judge finds that both parents committed domestic violence, the judge must try to determine which parent was the "primary physical aggressor" (the more violent parent).  In making this determination, the judge will consider:

  • all prior acts of domestic violence involving either party;
  • if the violence caused any injuries, the judge will compare how serious each person's injuries were;
  • the likelihood of a future injury;
  • whether one of the parties acted in self-defense; and
  • any other relevant factors.

If the judge makes a decision as to who is the more violent parent, the judge must assume that it is in the best interest of the child for the less violent parent to get custody.  If a judge cannot figure out which parent is the more violent parent, s/he will assume that it is in the best interest of the child for neither parent to have custody.**   In this case, if neither parent can convince the judge that it is in the best interest of the child for him/her to have custody, the judge may grant custody to another family member or person who is capable of providing the child with proper care and guidance.***

Note: If either parent (or any other person) seeking custody has committed any act of abduction against the child or any other child, the judge will assume that sole or joint custody or unsupervised visitation of the child by that parent is not in the best interest of the child.****  To read more about what acts qualify as "abduction," read section 125.480 of the NV law on our NV Statutes page. 

As with all custody issues, we recommend that you talk to a lawyer.  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.

* N.R.S. §§ 125C.230(1),125.480(5)
** N.R.S. §§ 125.480(6),125C.230(2)
*** N.R.S. § 125.480(3)
**** N.R.S. § 125.480(7)

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back to topIf one parent gets an order of protection and temporary custody of the child, will a court give the other parent the right to visit the child?

Maybe. You can get temporary custody on a temporary or extended order of protection but visitation rights can only be granted on an extended order of protection.  To ensure the child's safety, a judge may require that these visits be supervised by a third party.*  For more information on the difference between a temporary and extended order of protection, see What types of orders of protection are there in Nevada?

* N.R.S. § 33.030(1)(d),(2)(a)

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back to topI am the child's family member. Can I get custody?

Although you can apply for custody, the child's parents are given preference over non-parents in most circumstances.*  To read more about the circumstances under which a judge might grant you custody, go to Who can seek custody?

* N.R.S. § 125.480(3)

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back to topI am the child's grandparent, family member or a close family friend. Can I get visitation?

You can apply for visitation only if a parent of the child has denied or unreasonably restricted your visitation with the child.  A judge may grant visitation rights to a child's grandparents, great-grandparents, and siblings (including half-siblings) if the child's parent:

  • has died;
  • is divorced or separated from the parent who has custody of the child;
  • was never married to the other parent but lived together with that parent and is now dead or separated from the other parent; or
  • no longer has parental rights (because s/he gave them up them or a judge took them away).

Visitation rights may also be granted to other family members and non-family members who have lived with the child and developed a close relationship with the child.

However, when a parent blocks family members and friends from visiting the child, the court will assume that visitation is not in the best interest of the child.  In order to change the judge's mind, you, as family members and friends, must try to show the judge that it is in the best interest of the child to grant you visitation rights.

The judge will consider the following factors when deciding whether or not to the grant visitation:

  • the love, affection, and emotional bonds between you and the child;
  • your ability to serve as a role model for the child;
  • whether or not you are able to provide the child with love, affection, guidance, food, clothing, shelter, and health care during visitation;
  • your morals and mental and physical health;
  • whether you will encourage a close relationship between the child and his/her parent(s) and other relatives;
  • any medical needs of the child that would be affected by the visitation;
  • the prior relationship between you and the child, including any support (financial or otherwise) that you gave to the child and if you lived together and/or spent holidays together with the child;
  • whether or not the child wants to visit with you (if the child is old enough to decide); and
  • any other factors specific to your situation.*

* N.R.S. §125C.050(1)-(6)

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Where and how to file for custody

back to topWhat are the steps for filing for custody?

The steps you will need to take when filing for custody and the forms you will need to fill out may be different for each county.  To find out exactly how to file for custody in your county, you can contact your local courthouse.  Please see our NV Courthouse Locations.

Some pieces of information that Nevada law requires you to give when filing for custody are:

  • The child's present address or whereabouts if known, the places where the child has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period;
  • The names and addresses of any other person(s) that you know of who has physical custody of the child or claims rights of legal/physical custody or visitation;
  • If you have participated in any other court case involving custody and/or visitation of your child in the past, you have to give the court name, case number and date of the custody decision;
  • If you know of any court case (such as a protective order case, termination of parental rights case, or adoption case) that could affect your custody case, you have to give the court name, case number and say what type of court case it is.*

If your or your child's health/ safety would be in danger if the abuser (or another party) saw this information, you can request that it be kept confidential.  In that case, the information would be sealed and it can only be released if, after holding a hearing, the judge decides that it is "in the interest of justice" to release the information even after considering any health/safety concerns.**

As with all custody issues, we recommend that you talk to a lawyer.  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.

* N.R.S. §125A.385(1)
** N.R.S. §125A.385(5)

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back to topHow much does it cost to file a custody petition?

In Nevada, the costs of filing for child custody depend on the county that you live in.  You can contact your county courthouse for more information about what the costs of filing are in your district.  If you can't afford the filing fee, you can ask whether or not you qualify for a fee waiver.  Please see our NV Courthouse Locations page to get the contact information for the court near you.

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back to topDo I need a lawyer?

Although you do not need a lawyer to file for custody, it is highly recommended that you get a lawyer if you can, especially if the other parent has one.  If you cannot afford a lawyer, you may be able to find sources of free or low-cost legal help on our NV Finding a Lawyer page under the Where to Find Help tab on the top of this page.

If you plan on filing for custody on your own, you should know that each county in Nevada has a different set of forms for you to fill out. You can start by calling or visiting the civil clerk at your courthouse for more information about the paperwork you will need to file. To find the contact information of a courthouse in your area, go to our NV Courthouse Locations page.

At least two county courthouses in Nevada also have self-help centers that can help you with your child custody paperwork. In Washoe County, you can contact the Family Court Self Help Center by phone at (775) 325-6731 or go to their website.  In Clark County, you can contact the Family Law Self Help Center by phone at (702) 455-1500 or go to their website.

If you live outside of these counties, check with your courthouse to see if they have a self-help center, too.  Even if you plan on representing yourself, you might want to consider having a lawyer review your papers before you file them.

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back to topCan I file for custody in Nevada? Is Nevada my child’s “home state”?

You can usually only file for custody in Nevada if Nevada is your child's "home state."  Note: There are exceptions to the "home state rule" rule - see next section.

Nevada will qualify as your child's home state if:

  • your child has lived in Nevada with a parent or person acting as a parent for at least 6 consecutive months before going to court (Note: if you still live in Nevada and the child does not, but the child left the state less than 6 months ago, you may still be able to file in Nevada) or
  • your child is less than six months old but has lived in Nevada since birth.*

Note: Leaving Nevada for a short period of time will not change the status as your child's home state. 

If you and your child recently moved from Nevada to another state, generally you cannot file for custody in that new state until you have lived there for at least six months. Until then, you or the other parent can start a custody action in Nevada, as long as your child has most recently lived there for at least six months. There are some exceptions - please see the next section.

If you and your child recently moved to Nevada from another state, generally you cannot file for custody in Nevada until you have lived there for at least six months.* Until then, you or the other parent can start a custody action the state you moved from, as long as your child has most recently lived there for at least six months. There are some exceptions - please see the next section.

Here are some examples:

  • My children lived in Alabama their whole lives. We just moved to Nevada a few weeks ago. In my case, Alabama is my child's home state. If I want to file for custody right now, I will probably need to file in Alabama.
  • My children lived in Alabama until we moved to Nevada 6 months ago. Because the children have lived in Nevada for 6 months, Nevada is their home state. I will likely need to file for custody in Nevada.
  • My children lived in Nevada until they left to live with their father in Alabama 2 months ago. Because they haven't lived in Alabama for 6 months yet, their home state is still Nevada. If I want to file for custody, I can most likely file in Nevada.

* N.R.S. §§ 125A.085, 125A.305(1)(a)

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back to topAre there exceptions to the "home state rule?"

Yes.  You can file for custody in Nevada if either there is no other state that can qualify as the home state (for example, if the child has not lived in any other state for the past 6 months) or if the child does have a home state and: 

  • that state's court believes that Nevada is the more appropriate state to hear the custody case; and
  • the child and at least one of the child's parents or a person acting as a parent have a significant connection with Nevada aside from just being in the state; and
  • there is a lot of evidence available in Nevada concerning the child's care, personal relationships, etc.*

Figuring out if you qualify for one of these exceptions can be complicated.  If you think this law might apply to your situation, it might be best to talk to a lawyer in both Nevada and in the other state that you recently lived in. 

For a list of legal resources, please see our NV Finding a Lawyer page.

Also, even if you have not lived in Nevada for six months, you might be able to apply for temporary emergency jurisdiction (power to hear the custody case).   Nevada could have temporary emergency jurisdiction if:

  • the child is present in the state, AND
  • the child has been abandoned, OR
  • it is necessary in an emergency to protect the child because either the child, a sibling, or a parent of the child is subjected to or threatened with mistreatment or abuse.**

* N.R.S. §125A.305(1)(b)
** N.R.S. §125A.335(1)

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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.

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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.*
For more information on how domestic violence affects a judge's decision about custody, go to Can a parent who committed violence get custody?

* N.R.S. §125.480(1) - (4)

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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.

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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.

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Mediation in custody/visitation cases

back to topWhat is mediation?

Mediation is a negotiation between 2 or more people to resolve differences, which is led by a neutral third party (called a mediator).  In a custody case, a judge may refer you and the other parent to mediation to try to reach an agreement on custody and/or visitation in the hope that you can avoid going to trial.

Mediation is not available in all counties.  In counties with 100,000 people or more, mediation is required for custody and visitation cases (subject to the exceptions explained in the next question).  In counties with under 100,000 people, the court has the option of setting up a mediation program or not.*

* N.R.S. §§ 3.475(1), 3.500(1)

 

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back to topWho gets sent to mediation? If I am a domestic violence victim, do I have to do mediation?

Even in counties where mediation is mandatory for custody and visitation cases, a judge may decide not to send you to mediation if you can show:

  • a history of child abuse or domestic violence; or
  • that you are currently participating in private mediation; or
  • that one of the parties lives outside of the jurisdiction of the court* (usually when one party lives in another state or county).
In certain counties, there are additional reasons that mediation would not be appropriate.  For example, if the case involves multiple social service agencies, or the parent or child has serious psychological or psychiatric problems, the case may not be sent for mediation.**

If mediation is ordered in a case where there is domestic violence, your county may likely have a separate way to handle these cases.***  For example, each of you may be seated in different rooms and the mediator would go back and forth between the rooms and negotiate with each of you separately.  This is something you can ask the judge and/or mediator about if you are not comfortable being in the same room as the abuser.

Also, if you think that mediation is not appropriate in your case, you likely have the right to file legal papers (called a 'motion') in which you ask the judge to excuse you from the mediation requirement.  Usually these papers are filed at the time you file for custody and can only be filed during the custody case if new information comes up to support your request.****

As with all custody issues, we suggest that you talk to a lawyer.  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.

* N.R.S. §§ 3.475(1) & (2)(b), 3.500(b)
** See WDFCR 53(14)(b)
*** F.J.D.C.R. 25(14)(a); WDFCR 53(14)(a); EDCR 5.70(f)
**** F.J.D.C.R. 25(13)(A) & (B); WDFCR 53(13); EDCR 5.70(g)

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back to topWho will the mediator talk to besides me and the other parent?

Usually, the mediator has the power to decide who else besides you and the other parent gets involved in the mediation.  In many counties, if you have a lawyer, the lawyer has the right to talk to the mediator before the mediation but the mediator has the option to exclude (remove) the attorney from the mediation if s/he believes that it is appropriate or necessary.*  In other counties, the mediation is always done without the lawyers present but any agreement that you and the other parent come to cannot be turned into the judge until your lawyer has approved it.**

The mediator usually also has the right to interview the child(ren) if s/he believes it is appropriate.*

In most counties, the mediator must keep confidential what was said during the mediation (except if s/he has to report child abuse allegations).  However, the mediator will tell the judge if you do not show up, which could have an effect on your case and could cause you to be punished by the judge.***  Therefore, it is important that you appear for the mediation date just as you would appear for your court date.

* F.J.D.C.R. 25(7)(B) & (C); WDFCR 53(7)(b) & (c) 
** 4JDCR 5(5)(a)(3)
*** F.J.D.C.R. 25(9)(A) & (10); WDFCR 53(9)(a) & (10); EDCR 5.70(e) & (j)(3)

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back to topWho pays for mediation?

Generally, the parents are expected to split the costs of child custody mediation.  In counties where mediation is required by law (where the population is more than 100,000*), fees are based on a sliding scale, depending on each parent's ability to pay.**

* N.R.S. §§ 3.500(1) & §3.475(1)
** N.R.S. §§ 3.500(2)(e) & §3.475(2)(e)

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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.*
If you are the one asking the judge to change the custody order, it is up to you to prove that the circumstances have substantially changed and that modifying the custody order is in your child's best interest.  However, if you have evidence of domestic violence that you or the judge didn't know about (or didn't know the extent of) at the time of the initial custody hearing, then this may be enough to get the order changed (you don't need to show that anything else has changed since the original custody order was issued).**

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)

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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

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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)

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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)

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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)

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WomensLaw.org thanks Veronica Thronson, Directing Attorney of the Domestic Violence Project at Legal Aid Center of Southern Nevada for her review of this information.

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