Custody

When you file for custody, you will need to give the following information:

• your child’s current address or, if your child is not living with you, where your child is living if you know;
• any addresses where your child lived during the last five years;
• the names and current addresses of anyone your child lived with during the last five years;
• the names and addresses of anyone who has physical custody of your child or claims rights of legal custody, physical custody, or visitation;
• the court name, case number, and date of any older custody or visitation order or case that you had for your child; and
• information about any other court case you know of that could affect custody- for example, a case about an order for protection against domestic violence, termination of parental rights, or adoption.¹

However, if it’s not safe for you to give your address or other personal information, you can ask to keep your information confidential as explained in Can I keep my address confidential? 

¹ N.R.S. § 125A.385(1)

The judge will decide about legal and physical custody based on what s/he believes is in the best interest of your child.¹

When it comes to physical custody, the judge will usually prefer to give primary physical custody or joint physical custody to the parents, as opposed to other relatives, if this is in the best interest of your child.² The judge will not automatically give preference to the mother or father just based on gender.³

To decide what is in your child’s best interest, the judge will look at the following factors:

• your child’s wishes if s/he is of “sufficient age and capacity to form an intelligent preference” about where s/he will live;
• whether you or the other parent named a guardian for your child;
• which parent is more likely to allow your child to have frequent contact and a continuing relationship with the non-custodial parent;
• the level of conflict between you and the other parent;
• the ability of you and the other parent to cooperate to meet your child’s needs;
• the mental and physical health of both parents;
• your child’s physical, developmental, and emotional needs;
• the quality of your child’s relationships with you and the other parent;
• the ability of your child to keep relationships with any siblings;
• any history of abuse or neglect against this child or his/her sibling;
• if either parent or anyone else seeking physical custody committed domestic violence against your child, the other parent, or anyone else living with the child; and
• whether either parent abducted this child or any other child.⁴ 

For more information on how domestic violence affects a judge’s decision about custody, go to Can a parent who committed violence get physical custody?⁵

¹ N.R.S. §§ 125C.002; 125C.0025; 125C.003; 125C.0035
² N.R.S. §§ 125C.0035(1); 125C.0035(3)
³ N.R.S. § 125C.0035(2)
⁴ N.R.S. § 125C.0035(4)
⁵ N.R.S. § 125C.0035(5)

The judge will order joint legal custody if s/he believes it is in your child’s best interest. The judge will assume that joint legal custody is in your child’s best interest if:

• both parents agree to it; or
• one parent asks for it and shows that s/he intends to have a meaningful relationship with the child or s/he tried to have a meaningful relationship with the child but the other parent didn’t allow it.¹

The judge can grant joint legal custody to both parents while giving sole or primary physical custody to just one parent.² If you have joint legal custody, even if your child lives with you full-time, the other parent can still have a right to make major decisions about your child’s life.³

¹ N.R.S. § 125C.002(1)
² N.R.S. § 125C.002(2)
³ See Rivero v. Rivero, 216 P.3d 213 (2009)

The judge can give primary physical custody to just one parent if the judge believes that joint physical custody is not in your child’s best interest.¹ 

The judge will assume that joint physical custody is not in your child’s best interest, and instead, the judge can give you primary physical custody in the following situations:

1. the other parent cannot adequately care for your child for at least 146 days during the year;² or
2. the other parent committed domestic violence against the child, a parent of the child, or any other person living with the child; however, the abusive parent can present evidence and try to change the judge’s mind.³

In addition, if you are the child’s mother and you were not married when your child was born, the judge can give you primary physical custody if:

1. you did not marry the father after your child was born; and
2. either:
   
   • paternity was never legally established; or
   • the father knew he was the father, but he “abandoned” the child.⁴

If you are the child’s father and you were not married to the mother when your child was born, the judge can give you primary physical custody if:

1. the mother “abandoned” the child; and
2. you provided sole care and custody of the child in her absence.⁵

Note: For purposes of child custody, the term abandoned means that for a continuous period of six months or more, the parent failed to provide substantial personal and economic support to the child or chose not to have any meaningful relationship with the child.⁶

¹ N.R.S. § 125C.003(1)
² N.R.S. § 125C.003(1)(a)
³ N.R.S. § 125C.003(1)(c)
⁴ N.R.S. §§ 125C.003(1)(b); 125.003(2)(a)
⁵ N.R.S. §§ 125C.003(1)(b); 125.003(2)(b)
⁶ N.R.S. § 125C.003(3)(a)

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.

If you plan on filing for custody on your own, 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 one county courthouse in Nevada also has a self-help center that can help you with your child custody paperwork. 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.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

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.  Nevada will likely qualify as your child’s home state if:

• your child has lived in Nevada with a parent or person acting as a parent for the past 6 consecutive months; (Note: If your 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.¹

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.  

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.¹  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.

¹ N.R.S. §§ 125A.085, 125A.305(1)(a)