Legal Statutes: Nevada

UPDATED October 26, 2012

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• Nevada Statutes (Select Sections)
  • Title 1. State Judicial Department. Chapter 3. District Courts
    • Mediation of Cases Involving Custody or Visitation of Child
      • 3.475. Establishment of programs of mandatory mediation in county whose population is 400,000 or more; report to Legislature
      • 3.500. Establishment of programs of mandatory mediation in county whose population is 100,000 or more but less than 400,000; report to Legislature
  • Title 3. Remedies; Special Actions and Proceedings. Chapter 33. Injunctions
    • General Provisions
      • 33.010. Cases in which injunction may be granted
      • 33.015. Injunction to restrain unlawful act against witness or victim of crime.
    • Orders for Protection Against Domestic Violence
      • 33.017. Definitions
      • 33.018. Acts which constitute domestic violence.
      • 33.019. Masters: Appointment; qualifications; powers and duties.
      • 33.020. Requirements for issuance of temporary and extended orders; availability of court; court clerk to inform protected party upon transfer of information to central repository.
      • 33.030. Contents of order; interlocutory appeal.
      • 33.031. Extended order may prohibit possession of firearm by adverse party; factors for court to consider in determining whether to prohibit possession of firearm; exception; penalty
      • 33.033. Requirements for surrender, sale or transfer of firearm in possession of adverse party; law enforcement agency may charge fee for collection and storage of firearm
      • 33.035. Extended order to include assignment of income for support of child in certain circumstances
      • 33.040. No requirement of action for dissolution of marriage; order does not preclude other action; consolidation with other action.
      • 33.050. Assessment of court costs and fees; duty of court clerk to assist parties; no charge for certified copy of order for applicant.
      • 33.060. Notice of order to law enforcement agency; duty to serve and enforce order without charge; no charge for copy of order for applicant and adverse party.
      • 33.065. Alternative method for serving adverse party at current place of employment; when adverse party deemed served; immunity from liability for employer
      • 33.070. Inclusion in order of requirement of arrest; verification of notice to adverse party.
      • 33.080. Expiration, conversion, modification and dissolution of order; hearing.
      • 33.085. Order from another jurisdiction: Accorded full faith and credit under certain circumstances; effect of mutual orders; enforcement; effect of not registering order or including order in repository or database; immunity.
      • 33.090. Order from another jurisdiction: Registration in this state; duties of court clerk; prohibition against notification of adverse party by clerk; no charge for registration, certified copy or service.
      • 33.095. Duty to transmit information concerning temporary or extended order to central repository.
      • 33.100. Penalties for violation of order.
    • Orders for Protection Against Harassment in the Workplace
      • 33.200. Definitions
      • 33.210. Employee defined.
      • 33.220. Employer defined.
      • 33.230. "Order for protection against harassment in the workplace" defined.
      • 33.240. Acts that constitute harassment in workplace.
      • 33.250. Verified application for temporary order; contents of application.
      • 33.260. Notice of intent to seek order to be provided to known target of harassment.
      • 33.270. Requirements for issuance of temporary or extended order; expiration; right to challenge temporary order; award of costs and attorney's fees to prevailing party; interlocutory appeal of extended order.
      • 33.280. Effect of temporary or extended order; court may not issue order against more than one person; contents of order.
      • 33.290. Order does not preclude other action.
      • 33.300. Transmittal of copy of order to law enforcement agency; service and enforcement of order; issuance of copies of order.
      • 33.310. Registration of order; effect of registration; duty of court clerk to maintain record of registered order.
      • 33.320. Arrest of person who violates order; service of order; duty to note date and time of service on copy of order issued to employer.
      • 33.330. Immunity for certain persons who enforce or refuse to enforce order.
      • 33.340. Employer immune from civil liability under certain circumstances; use of actions taken and statements made by employer.
      • 33.350. Penalties for violation of order.
      • 33.360. Limitations on effect of provisions.
    • Orders for Protection of Children
      • 33.400. Parent or guardian authorized to petition for order on behalf of child; contents of order; appeal of extended order; penalty for violation of order
      • 33.410. Petition for order: Deferment of costs and fees; free information concerning order; no fee for serving order
      • 33.420. Duration of orders; dissolution or modification of temporary order
      • 33.430. Order to be transmitted to law enforcement agencies; arrest for violation; enforcement of order
      • 33.440. Parent or guardian to be informed of final disposition of trial upon request; record of restrictions on defendant's conduct
  • Title 6. Justice Courts and Civil Procedure Therein
    • Chapter 73. Small Claims
      • 73.010. Jurisdiction of justice courts for small claims
  • Title 11. Domestic Relations
    • Chapter 125. Dissolution of Marriage
      • Divorce
        • 125.150. Alimony and adjudication of property rights; award of attorney's fee; subsequent modification by court
      • Custody of Children
        • 125.450. Order for medical and other care, support, education and maintenance required
        • 125.460. State policy
        • 125.465. Married parents have joint custody until otherwise ordered by court
        • 125.470. Order for production of child before court; determinations concerning physical custody of child
        • 125.480. Best interest of child; preferences; considerations of court; presumption when court determines that parent or person residing with child is perpetrator of domestic violence
        • 125.490. Joint custody
        • 125.500. Award of custody to person other than parent
        • 125.510. Court orders; modification or termination of orders; form for orders; court may order parent to post bond if parent resides in or has significant commitments in foreign country
        • 125.520. Plan for carrying out court's order; access to child's records
      • Orders for Protection Against Domestic Violence
        • 125.555. Required notice concerning admission to bail
        • 125.560. Penalty for violation
    • Chapter 125A. Uniform Child Custody Jurisdiction and Enforcement Act
      • Article 1. General Provisions
        • 125A.005. Short title
        • 125A.015. Definitions
        • 125A.025. "Abandoned" defined
        • 125A.035. "Child" defined
        • 125A.045. "Child custody determination" defined
        • 125A.055. "Child custody proceeding" defined
        • 125A.065. "Commencement" defined
        • 125A.075. "Court" defined
        • 125A.085. "Home state" defined
        • 125A.095. "Initial determination" defined
        • 125A.105. "Issuing court" defined
        • 125A.115. "Modification" defined
        • 125A.125. "Person" defined
        • 125A.135. "Person acting as a parent" defined
        • 125A.145. "Physical custody" defined
        • 125A.155. "State" defined
        • 125A.165. "Tribe" defined
        • 125A.175. "Warrant" defined
        • 125A.205. Proceedings governed by other law
        • 125A.215. Application to Indian tribes
        • 125A.225. International application
        • 125A.235. Effect of child custody determination
        • 125A.245. Priority
        • 125A.255. Notice to persons outside State
        • 125A.265. Appearance and limited immunity
        • 125A.275. Communication between courts
        • 125A.285. Taking testimony in another state
        • 125A.295. Cooperation between courts; preservation of records
      • Article 2. Jurisdiction
        • 125A.305. Initial child custody jurisdiction
        • 125A.315. Exclusive, continuing jurisdiction
        • 125A.325. Jurisdiction to modify determination
        • 125A.335. Temporary emergency jurisdiction
        • 125A.345. Notice; opportunity to be heard; joinder
        • 125A.355. Simultaneous proceedings
        • 125A.365. Inconvenient forum
        • 125A.375. Jurisdiction declined by reason of conduct
        • 125A.385. Information to be submitted to court
        • 125A.395. Appearance of parties and child
      • Article 3. Enforcement
        • 125A.405. Definitions
        • 125A.415. "Petitioner" defined
        • 125A.425. "Respondent" defined
        • 125A.435. Enforcement under Hague Convention
        • 125A.445. Duty to enforce
        • 125A.455. Temporary visitation
        • 125A.465. Registration of child custody determination
        • 125A.475. Enforcement of registered determination
        • 125A.485. Simultaneous proceedings
        • 125A.495. Expedited enforcement of child custody determination
        • 125A.505. Service of petition and order
        • 125A.515. Hearing and order
        • 125A.525. Warrant to take physical custody of child
        • 125A.535. Costs, fees and expenses
        • 125A.545. Recognition and enforcement
        • 125A.555. Appeals
        • 125A.565. Role of district attorney and Attorney General
        • 125A.575. Role of law enforcement officers
        • 125A.585. Costs and expenses
      • Article 4. Miscellaneous Provisions
        • 125A.605. Application and construction
    • Chapter 125B. Obligation of Support
      • General Provisions
        • 125B.030. Recovery by parent with physical custody from other parent
        • 125B.070. Amount of payment: Definitions; adjustment of presumptive maximum amount based on change in Consumer Price Index
        • 125B.080. Amount of payment: Determination
        • 125B.145. Review and modification of order for support: Request for review; jurisdiction; notification of right to request review
    • Chapter 125C. Custody and Visitation
      • Visitation
        • 125C.010. Order awarding visitation rights must define rights with particularity and specify habitual residence of child
        • 125C.020. Rights of noncustodial parent: Additional visits to compensate for wrongful deprivation of right to visit
        • 125C.030. Imprisonment for contempt for failure to comply with judgment ordering additional visit
        • 125C.040. Imprisonment for contempt: Violation of condition; failure to return when required
        • 125C.050. Petition for right of visitation for certain relatives and other persons
      • Miscellaneous Provisions
        • 125C.200. Consent required from noncustodial parent to remove child from State; permission from court; change of custody
        • 125C.210. Child conceived as result of sexual assault: Rights of natural father convicted of sexual assault; rights when father is spouse of victim; rebuttable presumption upon divorce
        • 125C.220. Presumptions concerning custody and visitation when parent of child is convicted of first degree murder of other parent of child
        • 125C.230. Presumption concerning custody when court determines that parent or other person seeking custody of child is perpetrator of domestic violence
    • Chapter 126. Parentage
      • General Provisions
        • 126.031. Relationship of parent and child not dependent on marriage; primary physical custody of child born out of wedlock
  • Title 14. Procedure in Criminal Cases.
    • Chapter 171. Proceedings to Commitment
      • Investigation of Suspected Criminal Activity; Detention of Suspects
        • 171.1227. Peace officer to submit written report concerning suspected acts of domestic violence; information from reports to be aggregated and forwarded to Central Repository; content of report
      • Arrest: By Whom and How Made
        • 171.137. Arrest required for suspected battery constituting domestic violence; exceptions.
  • Title 15. Crimes and Punishments
    • Chapter 193. General Provisions
      • 193.120. Classification of crimes
    • Chapter 200. Crimes Against the Person
      • 200.310. Kidnapping: Degrees
      • 200.320. Kidnapping in first degree: Penalties
      • 200.330. Kidnapping in second degree: Penalties
      • 200.359. Detention, concealment or removal of child from person having lawful custody or from jurisdiction of court: Penalties; limitation on issuance of arrest warrant; restitution; exceptions
      • 200.364. Sexual Assault and Seduction: Definitions
      • 200.366. Sexual assault: Definition; penalties
      • 200.373. Sexual assault of spouse by spouse
      • 200.378. Court may impose temporary or extended order to restrict conduct of alleged perpetrator, defendant or convicted person; penalty for violation of order; dissemination of order; notice provided in order
      • 200.3781. Petitioner for order: Deferment of costs and fees; free information concerning order; no fee for serving order
      • 200.3782. Duration of orders; dissolution or modification of temporary order
      • 200.3783. Order to be transmitted to law enforcement agencies; enforcement
      • 200.3784. Victim to be given certain information and documents concerning case; clerk to keep record of order or condition restricting conduct of defendant
      • 200.460. False Imprisonment: Definition; penalties
      • 200.471. Assault: Definitions; penalties
      • 200.481. Battery: Definitions; penalties
      • 200.485. Battery which constitutes domestic violence: Penalties; referring child for counseling; restriction against dismissal, probation and suspension; definitions
      • 200.571. Harassment: Definition; penalties
      • 200.575 Stalking: Definitions; penalties.
      • 200.581. Where offense committed
      • 200.591. Court may impose temporary or extended order to restrict conduct of alleged perpetrator, defendant or convicted person; penalty for violation of order; dissemination of order; notice provided in order
      • 200.592. Petitioner for order: Deferment of costs and fees; free information concerning order; no fee for serving order
      • 200.594. Duration of orders; dissolution or modification of temporary order
      • 200.597. Order to be transmitted to law enforcement agencies; enforcement
      • 200.601. Victim to be given certain information and documents concerning case; clerk to keep record of order or condition restricting conduct of defendant
      • 200.603. Peering, peeping or spying through window, door or other opening of dwelling of another; penalties
      • 200.604. Capturing image of private area of another person; distributing, disclosing, displaying, transmitting or publishing image of private area of another person; penalties; exceptions; confidentiality of image
    • Chapter 202. Crimes Against Public Health and Safety
      • Weapons
        • Dangerous Weapons and Firearms
          • 202.340. Confiscation and disposition of dangerous weapons by law enforcement agencies
          • 202.360. Ownership or possession of firearm by certain persons prohibited; penalties

Custody of Children

back to top125.500. Award of custody to person other than parent

1. Before the court makes an order awarding custody to any person other than a parent, without the consent of the parents, it shall make a finding that an award of custody to a parent would be detrimental to the child and the award to a nonparent is required to serve the best interest of the child.

2. No allegation that parental custody would be detrimental to the child, other than a statement of that ultimate fact, may appear in the pleadings.

3. The court may exclude the public from any hearing on this issue.