Filing for Child Custody in Nevada
Filing for custody means you turn in paperwork asking the court for a custody order.
Married parents can ask for custody orders as part of divorce, separation and annulment cases. Unmarried parents can ask for custody on its own or as part of a paternity case.
Nevada must be the child's home state (per the Uniform Child Custody Jurisdiction and Enforcement Act) to get a custody order in the state.
If you hire a lawyer, they will file for you.
Forms you'll need
Family law forms are available on the State of Nevada Self-Help Center website.
All cases
The following forms apply to all family cases:
- Family Cover Sheet
- Summons (if you're filing a complaint)
- Confidential Information Sheet (if needed)
- Child Support Worksheet
- Parenting plan — The courts don't offer a form for this, so make your own document or use the Custody X Change template.
Sign all these in the presence of a notary.
Custody as part of a divorce case
Either spouse must have lived in Nevada for at least six weeks before you can file for divorce in the state.
If you and your spouse agree on all divorce terms, you can fill out a Joint Petition for Divorce With Children together. Create a divorce settlement agreement as well.
If you disagree on divorce terms, you can fill out a Complaint for Divorce With Kids on your own.
Custody as part of a paternity case or on its own
Unmarried parents must establish paternity before they can get a custody order. Signing the child's birth certificate is one way to do this. There are a few other methods as well.
If you both agree on the child's paternity, you can sign a Voluntary Declaration of Paternity together. Then, if you agree on custody, fill out a Joint Petition for Custody. If not, fill out a Complaint for Custody/Paternity and indicate that paternity is not in dispute.
If your child's paternity is uncertain, you can request custody and paternity establishment at the same time. Fill out a Complaint for Custody/Paternity. These cases typically involve genetic testing. The alleged father is usually responsible for the cost.
Applying for child support is another way to establish paternity, but you'll need to file for custody separately.
Filing your forms
Give your divorce forms to the clerk in the district court in the county where your spouse lives.
Complaints or petitions for custody and paternity go to the district court in the county where the child lives. File Voluntary Declarations of Paternity with the Bureau of Health Planning & Statistics, Office of Vital Records.
Serving the other parent
Nevada's Self-Help Center has detailed steps for serving the other parent, who is officially called the defendant.
Service isn't required if you filed a joint petition.
Once served, they have 21 days to file an answer. If they miss the deadline, you can request a default order from the court. This means you can get a custody order without the other parent's participation.
If the other parent files an answer before you request a default, even past the due date, the case will go on like normal.
Preparing for what comes next
If you filed an agreement, the judge assigned to your case will review your forms. You may have to appear in court to confirm you're content with the agreement.
If you did not file an agreement, you'll have a case management conference within 90 days of the defendant filing an answer. The judge may send you to mediation or set a trial date.
Whether you're headed to mediation or trial, you'll need a parenting plan proposal and other evidence that will support your case for custody.
The Custody X Change online app offers a parenting plan template, custom custody calendars, parent-to-parent messaging, an expense tracker and more. You can use it to put together proposals for the other parent, negotiate, prepare settlement paperwork or organize evidence.
Be prepared for every step of your case with Custody X Change.
Our professional sources
The following professionals have helped us understand child custody in Nevada and can help you, too.
The Jacks Law Group
David Jacks
Las Vegas, NV
Kari Molnar
Henderson, NV
Additional resources
For more guidance, look to: