Child Custody Laws in Nevada
How courts in Nevada decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.
Short answer: The court's sole consideration is the child's best interest. There is a presumption that joint legal custody, and a preference that joint physical custody, is in the child's best interest if the parents agree or a parent has shown (or tried to show) intent to build a meaningful… NRS 125C.002, 125C.0025, 125C.0035
| Child custody | The court's sole consideration is the child's best interest. There is a presumption that joint legal custody, and a preference that joint physical custody, is in the child's best interest if the parents agree or a parent has shown (or tried to show) intent to build a meaningful relationship with the child. The child's wishes are considered if the child is of sufficient age and capacity to form an intelligent preference; no specific age is set. A finding of domestic violence by clear and convincing evidence creates a rebuttable presumption against custody by the perpetrator. |
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| Emergency and temporary custody | While a custody case is pending, a parent can file a motion for temporary orders, including temporary custody. If there is an emergency, the parent can also file an Ex Parte Application for an Order Shortening Time asking the judge to hear the motion sooner, and must serve the other party with all filed papers and the notice of hearing within 3 days. Protection orders are a separate process. This self-help center serves the Eighth Judicial District Court (Clark County); procedures in other judicial districts may differ. |
| Parenting class or mediation | In Clark County, the court may require separating parents to attend a seminar for separating parents (the COPE class), and may order mediation through the Family Mediation Center when custody is disputed; only the assigned judge can waive mediation. |
Where to get help in Nevada
More Nevada divorce & family law
- Getting a Marriage License in Nevada
- Adopting a Child in Nevada
- Guardianship of a Child or Adult in Nevada
- Establishing Paternity in Nevada
- Changing Your Name in Nevada
- How Child Support Is Calculated in Nevada
- Alimony and Spousal Support in Nevada
- How to File for Divorce in Nevada
- Legal Separation and Annulment in Nevada
- All Nevada divorce & family law rules
FAQ
How is child custody decided in Nevada?
The court's sole consideration is the child's best interest. There is a presumption that joint legal custody, and a preference that joint physical custody, is in the child's best interest if the parents agree or a parent has shown (or tried to show) intent to build a meaningful relationship with the child. The child's wishes are considered if the child is of sufficient age and capacity to form an intelligent preference; no specific age is set. A finding of domestic violence by clear and convincing evidence creates a rebuttable presumption against custody by the perpetrator.
How do you get emergency custody in Nevada?
While a custody case is pending, a parent can file a motion for temporary orders, including temporary custody. If there is an emergency, the parent can also file an Ex Parte Application for an Order Shortening Time asking the judge to hear the motion sooner, and must serve the other party with all filed papers and the notice of hearing within 3 days. Protection orders are a separate process.
Do you have to take a parenting class to divorce in Nevada?
In Clark County, the court may require separating parents to attend a seminar for separating parents (the COPE class), and may order mediation through the Family Mediation Center when custody is disputed; only the assigned judge can waive mediation.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.