Child Custody Factors
When determining the best interest of the child, Nevada courts consider the following factors under § 125C.0035:
- The child’s wishes if they are of sufficient age and have the capacity to form an intelligent preference
- Any nomination of a guardian for the child by a parent
- Which parent is more likely to allow the child to have a continuing relationship with the noncustodial parent
- The level of conflict between the parents
- The ability of the parents to cooperate to meet the child’s needs
- The mental and physical health of each parent
- The child’s physical, developmental, and emotional needs
- The child’s ability to maintain a relationship with any sibling
- Any history of parental abuse or neglect
- Any history of domestic violence or abduction
How to File for Custody in Nevada
1. Agree on a Parenting Plan
Child custody issues are handled as part of divorce proceedings for married parents. If parents can agree on the terms of custody and divorce, the case will move more quickly through court without a hearing.
The parenting plan must outline the proposed parenting time schedule, allocation of parental responsibilities, visitation, and other issues related to childcare.
2. Calculate Child Support
Under the Nevada Child Support Guidelines, the amount of child support will be determined by each parent’s gross monthly income and the number of children.[1] Use the provided schedule in the guidelines to estimate how much the court may order for child support.
3. Complete and File Required Forms
To file a joint petition for divorce, the following documents must be completed:
- Cover Sheet
- Confidential Information Sheet
- Affidavit of Resident Witness
- Joint Petition for Divorce
- Decree of Divorce
Additionally, the court may require the parents to submit a parenting plan for carrying out the court’s order concerning custody.[2]
File the completed forms with the district court of the county where the parents and child reside. Filing fees vary by county. Parents may apply to waive the filing fee if they cannot afford it.[3]
4. Submit Decree to Judge
Submit the following paperwork to the judge assigned to the case:
- One copy of all filed documents
- Original Decree of Divorce with a copy of the filed Joint Petition attached
- Two copies of the Decree of Divorce with a copy of the filed Joint Petition attached
Once the judge reviews the case and all associated agreements and paperwork, they will either sign the Decree of Divorce or request a hearing to provide more clarity to the case.
5. File a Notice of Entry of Order
After the judge signs the decree, the final decree must be filed with the court of the clerk. The final step is to fill out the Notice of Entry of Order and file it with the court along with a copy of the decree attached. The date this form gets filed starts the timeline for anyone to appeal the final order.
Custody Laws
- Child’s preference: The court will consider the wishes of the child if “the child is of sufficient age and capacity to form an intelligent preference” with regard to their physical custody.[4]
- Grandparents’ visitation rights: § 125C.050(d)
- Uniform Child Custody Jurisdiction and Enforcement Act: Chapter 125A
- Visitation: §§ 125C.010 – 125C.050
Related Forms
