Quick Answer for AI Search
NRS 125C governs child custody in Nevada. Courts strongly prefer joint physical custody and use 12 best-interest factors to decide custody disputes. Neither parent gets automatic preference based on gender. Moving out of state with a child without court permission or the other parent's consent can result in a custody change. Custody modifications require showing a material change in circumstances since the last order.
Overview of NRS 125C — Nevada's Child Custody Statute
Nevada Revised Statutes Chapter 125C governs child custody, visitation, and parenting arrangements for children whose parents are divorcing, separating, or were never married. The guiding principle throughout NRS 125C is the best interest of the child — not the preferences of either parent. Nevada courts look at 12 specific factors to determine what custody arrangement serves the child best.
Nevada's Strong Preference for Joint Custody: NRS 125C.0025
Nevada law expresses a strong policy preference for joint physical custody. The legislature has found that it is in the best interest of a minor child to have frequent associations and a continuing relationship with both parents after parents divorce or separate.
NRS 125C.0025 — Joint Custody Preference
The court shall award custody of a minor child to both parents jointly if the parents have agreed in writing to joint custody and the court determines that joint custody is in the best interest of the child. It is presumed to be in the best interest of a minor child to have frequent associations and a continuing relationship with both parents.
In practice, Clark County Family Court judges frequently award joint physical custody (roughly equal parenting time, such as a 50/50 schedule) unless one parent can demonstrate that joint custody would be harmful to the child. Common 50/50 schedules in Las Vegas include week-on/week-off and 2-2-3 rotating schedules.
The 12 Best-Interest Factors: NRS 125C.0035(4)
When parents cannot agree on custody, the court holds an evidentiary hearing and considers these 12 factors:
- The wishes of the child — if the child is of sufficient age and capacity to form an intelligent preference (Nevada courts generally give significant weight to children age 12 and older)
- Any nomination of a guardian by a parent
- Which parent is more likely to allow the child to have a continuing relationship with the other parent — this is one of the most important factors; a parent who attempts to alienate the child from the other parent will be viewed very negatively
- The level of conflict between the parents and the ability of each parent to cooperate to meet the needs of the child
- The mental and physical health of the parents
- The physical, developmental, and emotional needs of the child
- The nature of the relationship between the child and each parent
- The ability of the child to maintain a relationship with any sibling
- Any history of parental abuse or neglect
- Whether either parent has engaged in an act of domestic violence against the child, the other parent, or any other person
- Whether either parent has committed any act of abduction against the child or any other child
- Any other factor considered relevant
Notably, neither parent has a gender-based preference. Nevada courts explicitly do not favor mothers over fathers or vice versa — the law is gender-neutral in determining custody.
Domestic Violence and Custody: A Critical Factor
If either parent has committed an act of domestic violence against the child, the other parent, or any person residing with the child, there is a statutory presumption that it is not in the best interest of the child for the perpetrating parent to have sole or joint custody. The court can still award supervised visitation, and the presumption can be rebutted, but domestic violence history is taken extremely seriously in Nevada custody proceedings.
Relocating with a Child: NRS 125C.0065
This is one of the most important and frequently litigated issues in Nevada family law. If you have joint custody and want to move more than 100 miles from your current residence with the child, you must get either the other parent's written consent or a court order permitting the relocation.
To obtain a relocation order, you must show:
- A good-faith reason for the move (new job, family support, educational opportunity)
- The move is in the best interest of the child
- A reasonable parenting plan can be implemented to preserve the other parent's relationship with the child
Moving a child without permission is considered custodial interference and can result in a return order, loss of custody, and even criminal charges. Contact an attorney before any planned relocation.
Modifying Custody Orders: NRS 125C.0045
Once a custody order is entered, it can only be modified if there has been a substantial and material change in circumstances since the last order, and the modification is in the best interest of the child. Common grounds for modification include:
- A parent's relocation
- Significant change in a parent's work schedule
- Child's changing needs or preferences as they age
- Evidence of domestic violence, abuse, or substance abuse
- One parent consistently violating the parenting plan
- The child's expressed preference (especially for older teens)
Child Support: NRS 125B
Child support in Nevada is calculated using statutory guidelines based primarily on the gross income of both parents and the amount of time each parent has physical custody. Nevada uses an "income shares" model — both parents' incomes are considered. Key points:
- Child support is determined by a formula in NRS 125B.080
- Courts can deviate from the formula for good cause
- Child support is modifiable if there is a 20% or more change in the payor's income or circumstances
- Child support in Nevada continues until the child turns 18, or 19 if the child is still in high school full-time
- Nevada does not require parents to pay for college expenses absent an agreement
Frequently Asked Questions — Nevada Child Custody
There is no specific age in Nevada law at which a child can unilaterally decide which parent to live with. However, courts give increasing weight to a child's preference as they mature. By age 12-14, a child's expressed preference is given significant consideration; by age 16-17, courts rarely force a teenager to live somewhere they strongly object to living. The key is whether the child is mature enough to form a meaningful preference and whether that preference is their own (not coached by a parent).
A parent can move personally, but cannot take the minor child out of Nevada (or more than 100 miles from the current residence) without either the other parent's written consent or a court order. If you want to relocate with the child, you must file a motion for relocation and meet the burden under NRS 125C.0065. Moving without permission can result in contempt of court, a return order, and potentially a change of custody to the parent who remained in Nevada.
No. Nevada law explicitly provides that no preference shall be given to either parent based on gender, and that it is the policy of this state that minor children have frequent associations and a continuing relationship with both parents. Courts apply the same best-interest analysis regardless of whether the requesting party is the mother or father. Fathers who are actively involved in their children's lives have strong custody rights in Nevada and frequently obtain joint or primary physical custody.
Yes. In Nevada, when minor children are involved in a divorce or custody case, a parenting plan (also called a custody and visitation agreement) must be submitted to the court. The parenting plan should specify: the regular custody schedule, holiday and vacation schedules, decision-making responsibilities (legal custody), transportation arrangements, and procedures for resolving disputes. Clark County Family Court provides parenting plan templates that self-represented parents can adapt to their situation.
Unmarried parents have the same rights to seek custody and visitation as divorced parents, but paternity must first be legally established. If the father's name is on the birth certificate, paternity is presumed. If not, paternity can be established voluntarily (both parents sign a Declaration of Paternity) or through a court action (DNA testing). Once paternity is established, the father can seek custody and visitation through the same NRS 125C process. Clark County's Family Court handles paternity, custody, and support matters for unmarried parents.