The law in plain words
Under NRS 125C.0035, "the sole consideration of the court is the best interest of the child."
Wondering who usually ends up with custody? Our page on the chances of getting full custody in Nevada explains what the figures can and cannot show.
Legal custody and physical custody
Nevada uses two kinds of custody.
- Legal custody: who makes the big decisions about the child's health, school and religion.
- Joint physical custody: generally, each parent has the child at least 40% of the time. That is about 146 days a year.
- Primary physical custody: the child lives mainly with one parent. The court can order it when joint physical custody is not in the child's best interest.
The 40% line comes from Rivero v. Rivero (2009). In Bluestein v. Bluestein (2015), the Supreme Court said it is a tool, not a rigid rule.
Orders must set out exact times. Words like "reasonable visitation" are not enough.
Is Nevada a 50/50 state?
Not exactly. No Nevada statute requires equal time. But the law leans toward shared custody.
- Joint legal custody: presumed if the parents agree, or if a parent has shown an intent to build a meaningful relationship with the child.
- Joint physical custody: preferred on the same two triggers. A preference is weaker than a presumption.
- Blocked parents count: a parent who tried to build that relationship, but was blocked by the other parent, also qualifies.
- Explaining a denial: if a parent asks for joint physical custody and the court refuses, it must state why.
Joint physical custody is presumed not in the child's best interest in three cases:
- a parent cannot care for the child at least 146 days a year
- the special rule for some unmarried parents applies (see below)
- a parent committed domestic violence, found by clear and convincing evidence
The best-interest factors
Under NRS 125C.0035(4), the court must make written findings on these factors, among others:
- the child's wishes, if old enough and able to form an intelligent preference
- any guardian a parent has nominated for the child
- which parent is more likely to support the child's relationship with the other parent
- the level of conflict between the parents
- the parents' ability to cooperate to meet the child's needs
- each parent's mental and physical health
- the child's physical, developmental and emotional needs
- the child's relationship with each parent
- the child's ability to keep a relationship with siblings
- any history of abuse or neglect by a parent of the child or a sibling
- any domestic violence by a person seeking custody against the child, a parent or anyone in the home
- any act of abduction by a person seeking custody against any child
Your child's preference
Nevada sets no age at which a child decides. The judge weighs the wishes of a child "of sufficient age and capacity" to form an intelligent preference.
Court rule 16.215 controls how a child gives evidence.
- Notice: a parent who wants a child to testify must name the child early in the case. Otherwise, notice is due at least 60 days before the hearing.
- Methods: the judge may interview the child with no parties present, or order an outside interviewer.
- No forced choice: the child may state a preference, but should not be required to.
The interview must be recorded.
Mothers' and fathers' rights
Neither parent starts ahead. Under NRS 125C.0035(2), no preference goes to a parent just for being the mother or the father.
A court also cannot deny custody or visitation solely because a parent is deaf, blind or physically disabled. The same applies to a valid medical cannabis card.
A parent cannot be refused the child's school, medical or dental records just for not having custody.
If you were never married
Under NRS 125C.0015, the parent and child relationship applies equally, whether or not the parents married.
Until a court rules, each parent has joint legal and joint physical custody. Hiding or removing the child to frustrate the other parent's relationship can be a felony. There is an exception for acting to protect the child or yourself from domestic violence or imminent harm. It requires reporting to police or child welfare within 24 hours, or as soon as you safely can.
One rule favors the mother in limited cases. If the parents never married, the court may give her primary physical custody when paternity was never established and:
- the father has no legal presumption of paternity, or
- he never signed an acknowledgment, or
- he knew he was the father but abandoned the child
The father can get primary physical custody if the mother abandoned the child and he gave sole care.
Acknowledgment of paternity: once final, it has the effect of a court judgment. A signer can cancel within 60 days. If a court or agency case about the child starts sooner, and the signer is a party, the deadline is earlier.
After that, it can be challenged only for fraud, threats or pressure, or a serious mistake about the facts. A paternity case is filed in the county where the child, mother or alleged father lives.
Domestic violence
Under NRS 125C.0035(5), domestic violence shown by strong, clear proof after a hearing creates a presumption. That is a starting assumption the abusive parent can try to disprove. Sole or joint physical custody with the abusive parent is presumed not in the child's best interest.
- Findings: the judge must find that the order protects the child and the victim.
- Both parents violent: the court looks for the primary aggressor. If it cannot tell, the presumption applies to both.
- As a factor: domestic violence can still be weighed if it is shown to be more likely than not. The Court of Appeals said so in Soldo-Allesio v. Ferguson (2025).
- Abduction: a proven abduction creates a similar presumption, and also against unsupervised visitation.
Since July 1, 2025, courts must consider past arrests, convictions and protection orders against the accused parent. They also cannot remove a child from a protective parent solely to repair a bond with the other parent.
Protection orders
A temporary protection order can give the applicant temporary custody of the children.
- Speed: the court must rule within one judicial day of filing.
- Without notice: a temporary order can be granted before the other parent is heard.
- How long: a temporary order lasts up to 45 days, or until a hearing on an extended order.
- Extended order: needs notice and a hearing, and can last up to two years. It can set visitation, with supervision if needed.
There is no fee to file. In counties under 100,000 people, file in Justice Court. In larger counties, file in District Court.
Emergency and temporary orders
Nevada has no single emergency custody statute. These are the main routes:
- Temporary orders: file a motion during the case. In Clark County, a motion before the final decree usually costs nothing extra.
- Faster hearing: in Clark County, you can ask the judge to hear a motion sooner. The form is an ex parte application for an order shortening time.
- Without notice: in Clark County, a temporary restraining order without notice is for emergencies. It lasts up to 30 days unless extended, and must set a hearing.
- A hidden child: a child may have been hidden or taken from Nevada during a custody case. If so, the court must order the child produced.
- Abuse: a temporary protection order can include temporary custody.
Nevada courts can also act in an emergency to protect a child who is in the state.
Moving with your child
Nevada's relocation rules apply once a custody order exists. They cover a move out of Nevada, or far enough within it to harm the other parent's relationship.
- Ask first. Try to get the other parent's written consent.
- If refused, go to court before moving. A primary custodian petitions for permission. A joint custodian petitions for primary physical custody to relocate.
- Show three things: a sensible, good-faith reason, that the move serves the child, and an actual advantage for the child and parent.
The court then weighs six more factors, including a realistic visitation schedule. The moving parent always carries the burden.
Moving without consent or permission can be a felony, unless there is a compelling excuse. The court will also ignore facts that arise after an unlawful move.
Changing custody
Under Romano v. Romano (2022), the parent asking for a change must show two things:
- a substantial change in circumstances affecting the child's welfare, and
- that the change serves the child's best interest
The same test applies to joint and primary physical custody.
Evidence of domestic violence unknown at the earlier ruling can still be raised.
When visits are wrongfully denied, the court may order make-up time of the same type and length. It must be taken within one year.
Mediation and parenting classes
- Clark County: custody mediation is mandatory, through the Family Mediation Center or a private mediator.
- Washoe County: new custody disputes are referred to mediation, unless exempt.
- Smaller counties: courts may set up a program, but need not.
- Abuse: courts can exclude a case for a history of child abuse or domestic violence.
- Cost: court mediation fees use a sliding scale based on income.
- Classes: in Clark County, the court may order the COPE class for separating parents. If ordered, the certificate is due within 45 days.
By statute, mediators tell the court only whether the dispute was resolved. In Clark, they also report a parent who fails to appear or refuses to take part.
How to file for custody in Nevada
Nevada must usually be the child's home state for the six months before you file. Temporary absences count toward the six months, depending on the facts.
- Choose the case type. Married parents ask for custody in a divorce. Unmarried parents file a complaint for custody or paternity.
- Get the forms. Clark County uses a cover sheet, a summons and the complaint.
- List the child's addresses for the last five years, and any other custody or protection cases.
- File in district court. In Clark and Washoe, that is the family division.
- Serve the other parent, who has 21 days to respond.
Parents who fully agree can file a joint petition for a quicker summary order. The Nevada Courts self-help center has statewide forms.
How much does it cost to file for custody in Nevada?
Fees differ by county.
| Filing | Fee |
|---|---|
| Clark County custody complaint | $270, plus $3.50 if e-filed |
| Washoe County petition for custody | $255 |
| Motion to modify a final custody order | $25 in Clark and Washoe, more if the case began by joint petition |
| Protection order | Free |
The Clark figure comes from its self-help center. Ask the clerk to confirm the current amount.
If you cannot afford fees, ask for a fee waiver. The form is called an application to proceed as an indigent litigant, or in forma pauperis. Grounds include public assistance, household net income at or below 150% of the poverty line, or expenses above income. Other compelling reasons can also count.
What changed recently
Nevada's main custody statutes date from 2015. The recent changes are around them.
- 2026: in Gill v. Gill, the Supreme Court treated a child's stay abroad as a temporary absence from Nevada.
- 2025 special session: the domestic violence definition expanded to include kidnapping, and attempts.
- July 1, 2025: new limits on reunification therapy and new rules for abuse evidence.
- 2025: the Court of Appeals held the moving parent always carries the burden in relocation cases.
No custody bills are pending. The Legislature next meets in February 2027.
Building the record
Nevada's 40% guideline and its factors turn on how parenting time actually works. Those questions are answered with dates, not adjectives.
Note each overnight, exchange and school task as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in Nevada.
A clearer way to prepare
Come to court ready, not stressed.
Turn messages, receipts and everyday notes into a clear attorney-ready record.
New record
Late pickup
Pickup was scheduled for 5:00pm. The other parent arrived at 5:42pm.
Report ready
Your report is ready
Ready for your attorney or lawyer to review.
A Nevada custody record
Nevada judges weigh how time is actually shared and how parents cooperate. Keep these items current so your facts are ready.
Keep the record Nevada judges weigh
Casewell keeps dated care, exchanges and the messages behind them in one private place. Export the period a lawyer needs as a focused PDF.
Is Nevada a 50/50 custody state?
Not exactly. Nevada presumes joint legal custody and prefers joint physical custody in many cases, but no law requires equal time.
What does joint physical custody mean in Nevada?
Generally, each parent has the child at least 40% of the time, about 146 days a year. Courts treat that as a guideline, not a rigid rule.
Who has custody if the parents are not married in Nevada?
Until a court rules, each parent has joint legal and joint physical custody. A court order is needed to set a schedule that can be enforced.
Can I move out of Nevada with my child?
If a custody order exists, you need written consent or court permission first. Moving without either can be a felony, and so can removing a child to cut off the other parent.
How much does it cost to file for custody in Nevada?
About $270 in Clark County and $255 in Washoe County. A fee waiver is available if you cannot afford it.
At what age can a child choose which parent to live with in Nevada?
No age lets a child choose. The judge weighs the wishes of a child old enough to form an intelligent preference.
Sources
This page summarizes the Nevada Revised Statutes, Chapters 33, 125A, 125C and 126, Nevada court rules and recent appellate cases, as of October 2026. It explains the law in general terms and is not legal advice.
- NRS 125C.002 and 125C.0025 โ joint legal and joint physical custody checked
- NRS 125C.003 โ primary physical custody and presumptions checked
- NRS 125C.0035 โ best interest of the child checked
- NRS 125C.007 โ relocation factors checked
- NRS 126.053 โ acknowledgment of paternity checked
- NRS 33.030 โ protection orders and temporary custody checked
- Bluestein v. Bluestein, 131 Nev. 106 (2015) checked
- Romano v. Romano, 138 Nev. 1 (2022) checked
- Nevada Courts self-help center โ custody checked