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

General Provisions

back to top126.031. Relationship of parent and child not dependent on marriage; primary physical custody of child born out of wedlock

1. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.

2. Except as otherwise provided in a court order for the custody of a child:

(a) Except as otherwise provided in paragraph (b), the mother of a child born out of wedlock has primary physical custody of the child if:

(1) The mother has not married the father of the child; and
(2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered.

(b) The father of a child born out of wedlock has primary physical custody of the child if:

(1) The mother has abandoned the child to the custody of the father; and
(2) The father has provided sole care and custody of the child in her absence.

3. For the purposes of this section, "abandoned" means failed, for a continuous period of not less than 6 weeks, to provide substantial personal and economic support.

4. As used in this section, "expedited process" has the meaning ascribed to it in NRS 126.161.