Custody

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)