Child Custody in Nevada

Legal custody and physical custody

Nevada law treats legal custody and physical custody as separate determinations under NRS Chapter 125C. Legal custody is the authority to make major decisions about the child's health care, education, and religious upbringing. It can be awarded jointly or solely to one parent. Physical custody determines where the child actually lives and sets the day-to-day schedule between the parents. It likewise can be joint or primary to one parent. A Nevada custody order typically addresses both questions separately. A parent should read a Nevada order carefully to see what it says about legal custody, as distinct from the physical, residential schedule.

The best-interest factors under NRS 125C.0035

NRS 125C.0035 lists the factors a Nevada court considers when deciding custody. It must make specific findings on each factor it relies on. The factors include the wishes of the child, if the child is old enough and mature enough to form an intelligent preference. They include which parent is more likely to allow the child frequent contact and a continuing relationship with the other parent. They include the level of conflict between the parents and their ability to cooperate to meet the child's needs. Other factors are the mental and physical health of the parents, and the child's physical, developmental, and emotional needs. The court weighs the nature of the child's relationship with each parent and any siblings. It considers any history of parental abuse or neglect, and whether either parent has engaged in domestic violence or an act of abduction involving the child.

The statute requires the court to state which factors it relied on. A Nevada custody order should show the reasoning behind the arrangement, not just the result.

Where to file a Nevada custody case

Nevada custody cases are filed in the family division of the district court for the county where the case belongs. Most often that is the county where the child lives. Clark County (Las Vegas) and Washoe County (Reno) each operate their own family court self-help centers with in-person assistance. These are in addition to the statewide self-help resources published by the Nevada judiciary. A parent should confirm the correct filing county and any local rules with the district court clerk or the relevant self-help center before filing. Procedures can differ between Nevada's judicial districts.

Getting help before a hearing

Nevada's court system publishes self-help materials and forms for custody, paternity, and child support matters through its statewide self-help website. Larger counties also operate dedicated family mediation and self-help resources. These help parents work through a proposed custody arrangement before a contested hearing. A parent should check with the specific district court handling the case about any mediation program or parent education requirement that applies locally. Nevada's larger counties administer these programs directly, rather than through a single statewide statute.

Modifying custody later

Under NRS 125C.0045, a Nevada order for joint custody can be modified or terminated on a parent's petition. The court can also act on its own motion. Either way, the change must serve the child's best interest. If a parent opposes the requested change, the court must state its reasons for granting or denying the modification. As with the original custody determination, a modification request is decided by weighing the child's current best interest. The court does not automatically continue whatever arrangement was ordered before. A parent asking for a change should be ready to show why the current arrangement no longer serves the child well.