Physical custody means you take physical care of and supervise your child.¹ A judge can give:

1. sole physical custody, also called primary physical custody, to one parent; or 
2. joint physical custody to both parents.²  

To learn when a judge will give each type of physical custody, see When will the judge give primary physical custody to one parent? and When will the judge give joint physical custody?

¹ N.R.S. § 125A.145
² N.R.S §§ 125C.0025; 125C.003; 125C.0035

A visitation order must specifically lay out the terms of the visitation (i.e., days and times) so that the order can be clearly understood and enforced. The order must include all specific times and other terms related to the visitation (also known as limited right of custody). The order is not supposed to say something ambiguous such as “the father has reasonable visitation,” because the term “reasonable” can be interpreted differently by each parent.¹

¹ N.R.S. § 125C.0045(5)

There are many reasons people choose not to get a custody order from a court.  Some people decide not to get a custody order because they don’t want to get the courts involved.  Some parents make an informal agreement that works well for them.  Some parents may think going to court will provoke the other parent, or they are worried that the other parent might get custody or visitation.

However, getting a custody order from a court can give you certain legal rights.  Getting a custody order can give you:

• The right to make decisions about your child; and
• The right to physical custody of your child (to have your child live with you).

Without a custody order, it is possible that you may not have these legal rights, even if you’re the parent that takes care of the child every day.  

Some people think they should file for custody so they can get child support.  While custody and child support are related, you do not necessarily need a custody order to get child support.  A custody order will not automatically give you child support.  See Can I get financial support for my children and myself? for more details.  As with all custody issues, we recommend that you talk to a lawyer about this.  To find a lawyer in your area please visit our NV Finding a Lawyer page.

Although normally one or both of the child’s parents are the ones who would file for custody, it could be possible that a person other than a child’s parent can apply for custody.  The laws states that the first preference for custody of a child should be the child’s parents or parent.¹  Before the judge gives custody to any person other than a parent (unless the parents consent), the judge must determine that giving custody to a parent would be detrimental (harmful) to the child and that giving custody to a non-parent is required to serve the best interest of the child.²  If custody is going to be given to a non-parent, judges will award custody in the following order of preference unless the best interest of the child conflicts with this order:

1. To a person(s) in whose home the child has been living if it is a wholesome and stable environment;
2. To a relative of the child (within the fifth degree of consanguinity) who the court finds to be suitable and able to provide proper care and guidance for the child; it doesn’t matter if this person lives in Nevada or in another state;
3. To any other person(s) who the court finds to be suitable and able to provide proper care and guidance for the child.³

As with all custody issues, we recommend that you talk to a lawyer about this. To find a lawyer or legal aid program in your area, please visit the NV Finding a Lawyer page.

¹ N.R.S. § 125C.0035(3)(a)
² N.R.S. § 125C.004(1) 
³ N.R.S. § 125C.0035(3)(b)-(d)

A judge may grant visitation rights to:

• a child’s grandparents;
• a child’s great-grandparents;
• a child’s siblings (including half-siblings and step-siblings); and/or
• any person with whom the child lived if they established “meaningful relationship.”¹

However, it can only be granted to one of those people under the following circumstances:

1. a parent of the child has denied or unreasonably restricted your visitation with the child; and
2. the child’s parent:
   • has died;
   • is divorced or separated from the parent who has custody of the child;
   • was never married to the other parent but lived together with that parent and is now dead or separated from the other parent; or
   • no longer has parental rights (because s/he gave them up them or a judge took them away).²

Note: If the child’s parent already denied you visitation, the judge will assume that visitation is not in the best interest of the child but you will have the chance to present evidence to try to show the judge that it is in the best interest of the child to grant you visitation rights. The judge will consider the following factors when deciding whether or not to grant you visitation:

• the love, affection, and emotional bonds between you and the child;
• your ability to serve as a role model for the child;
• whether or not you are able to provide the child with love, affection, guidance, food, clothing, shelter, and health care during visitation;
• your morals and mental and physical health;
• whether you will encourage a close relationship between the child and his/her parent(s) and other relatives;
• any medical needs of the child that would be affected by the visitation;
• the prior relationship between you and the child, including any support (financial or otherwise) that you gave to the child and if you lived together and/or spent holidays together with the child;
• whether or not the child wants to visit with you (if the child is old enough to decide); and
• any other factors specific to your situation.³

¹ N.R.S. § 125C.050(1)-(2)
² N.R.S. § 125C.050(1)-(3)
³ N.R.S. § 125C.050(4)-(6)

Before filing in court for custody, you may want to consider drawing up an out-of-court agreement with the other parent. Usually, parents will have to be flexible when it comes to custody and visitation for the benefit of the child. Often, parents who fight for sole custody will litigate in court for months or even years and end up with some sort of joint custody agreement after settlement or trial.

However, sometimes fighting for sole custody is necessary because you can’t agree with the other parent, the other parent is not allowing contact, or you fear for your child’s well-being. Especially with domestic violence, many abusers will try to keep power and control over the victim-survivor through the child, so joint custody isn’t recommended due to the power difference in the relationship.

If you decide to file in court for custody, the process usually looks similar to this:

1. File for custody. You may file in the family court or a court of a different name that hears custody cases. Generally, you will file in the county where the child lives, and, depending on the circumstances, you may be able to request an emergency or temporary order as part of your petition. The exact petition you file may depend on whether you are married or not:

• If you are a married parent who is also filing for divorce, you can usually include the custody petition within the divorce process.
• If you are a married parent who is not filing for divorce, you can file for custody on its own in the county where the child has been living for at least six months.
• If you are an unmarried parent, you can also seek custody in court. However, if paternity hasn’t been established, which means that the father hasn’t been legally recognized, then this process will likely have to happen first or as part of the custody process.

The forms you will need to fill out may be different for each county. Contact your local courthouse to find out exactly how to file in your county. See What information will I need to give when I file for custody? to learn what you will need to include in the forms when filing.

2. Prepare for the custody process

Custody cases are complicated, so you may want to consider getting a lawyer if you can. Our NV Finding a Lawyer page can help you find legal help in your area. If you can hire an attorney, you can use this list of questions as your guide when deciding who to hire. If you are representing yourself in court, you can learn about the court process and how to present evidence in our Preparing for Court – By Yourself section.

During the court process, you will try to prove why you should have your child’s custody. When preparing for court, you can gather evidence that helps make your case as to why you should have custody of the child. This process should be directed by the factors the law says a judge should consider when deciding custody. You can see How will a judge make a decision about custody? for more information. It’s important to consider that the judge will be focused on what is in the best interest of your child and many states consider that this is to have a relationship with both parents.

Keep in mind that custody court cases often take a long time. Going through this process can be emotionally and financially draining. Do what you can to take care of yourself. If you have experienced domestic violence, you may want to contact a local domestic violence organization. An advocate there may be able to help you navigate the process and plan for your safety.

3. Prepare for trial

There will be one or more hearings, including a trial, if you and the other parent cannot reach an agreement by yourselves or through mediation.  During trial, you or your attorney will be able to present evidence and cross-examine the other party to help the judge make a decision.

If you are a victim of domestic violence, you can plan for your safety while in court. Also, you can ask the judge to include protections in your custody and visitation orders. For example, you can ask for some of the following terms:

• communication between the parents must be in writing;
• communication can only be related to the child; and
• a neutral third party should be present at the exchange of the child or should be the one to drop off and pick up the child.

To avoid future conflicts, you should also try to be as specific as possible about how you and the other parent will make important decisions; who will have the child on holidays, birthdays, etc.; and when and where you and the other parent will pick up and drop off the child.

4. Options if you lose the custody case

If you are unhappy with the judge’s order, there may be a couple of options that could be filed immediately - for example:

• A motion for reconsideration asks the judge to decide differently based on the law or new evidence.
• An appeal moves the case to a higher court and asks that court to review the lower court’s decision due to a judge’s error.

There could also be an option that you may take in the future, but not immediately after the judge gives the order. A motion or petition to change (modify) the order could be filed later on if a “substantial change of circumstances” happens. A few examples of substantial changes in circumstances could be if the other parent gets sent to jail or gets charged with child abuse or neglect; if you move or the other parent moves to another state; or if your child’s needs significantly change.

To find out more about how the process works in your area, please contact a lawyer. Please visit our NV Finding a Lawyer page to find legal help in your area.​ You can also watch our Custody, Visitation, and Child Support videos where we explain the process. The videos include information about the different types of custody and visitation, related legal concepts that a judge will consider, child support, and moving out of state with your child.

You can ask to keep your identifying information confidential if giving it to the abuser or another person would put you or your child in danger. Then, the court would keep your information private (sealed). This means the court would not reveal your address to the abuser or the public.¹

However, the judge could order you to reveal your address if s/he has a hearing, considers any health and safety concerns, and then decides that giving out (disclosing) your address is “in the interest of justice.”¹

¹ N.R.S. § 125A.385(5)

The Nevada law prefers for both parents to continue having relationships with the child after the parents separate, which includes frequent contact with the child and sharing parenting rights and responsibilities.¹ This preference means that the judge will often give parents joint custody, but not always.² 

To see when the judge will give joint legal custody, go to When will the judge give joint legal custody? To see when the judge will give joint physical custody, go to When will the judge give joint physical custody?

¹ N.R.S. § 125C.001
² N.R.S. §§ 125C.002; 125C.0025; 125C.003; 125C.0035

A judge will order joint physical custody if s/he believes it is in your child’s best interest. The judge will assume that joint physical custody is in your child’s best interest if:

• both parents agree to it; or
• one parent asks for it and shows that s/he intends to have a meaningful relationship with the child or s/he tried to have a meaningful relationship with the child but the other parent didn’t allow it.¹

However, if the other parent committed domestic violence against you, the child, or someone else who lives with the child, the judge will not assume that the abuser should have joint physical custody.² Read Can a parent who committed violence get physical custody? to learn more.

There are some other situations when the judge will not assume that joint physical custody is in your child’s best interest and, instead, will give primary physical custody to just one parent.³ You can read about these situations in When will the judge give primary physical custody to one parent?   

The judge can order an investigation to help decide if joint physical custody is appropriate.⁴

¹ N.R.S. § 125C.0025(1)
² N.R.S. § 125C.0035(1)(c)
³ N.R.S. § 125C.003
⁴ N.R.S. § 125C.0025(2)

If you leave without your children and the other parent has been doing a good job in caring for the children on his/her own since you left, the judge might consider this as a factor when making a custody decision.  Some judges might also view leaving as evidence that you are putting other priorities before your children.   However, a judge may also consider the reason why you left.  For example, if you left to protect yourself from further physical abuse, this is important to prove in court since judges are supposed to assume that an abuser shouldn’t get custody.  See Can a parent who committed violence get physical custody? for more information.

As with all custody issues, we recommend that you talk to a lawyer about this.  To find a lawyer or legal aid program in your area, please visit the NV Finding a Lawyer page.

For information on trying to modify a final Nevada custody order in another state or an out-of-state custody order in Nevada, go to our general Changing a final custody order page. There you can read what factors a judge will typically consider when deciding whether or not to transfer your case to a new state.

This is often complicated and, as with all custody issues, we recommend that you talk to a lawyer about it.  To find legal resources in Nevada, go to our NV Finding a Lawyer page.  To find legal resources in a state other than Nevada, go to our Finding a Lawyer page and select your state from the drop-down menu. 

You can file for custody in Nevada if either there is no other state that can qualify as the home state (for example, if the child has not lived in any other state for the past 6 months) or if the child does have a home state and: 

• that state’s court believes that Nevada is the more appropriate state to hear the custody case; and
• the child and at least one of the child’s parents or a person acting as a parent have a significant connection with Nevada aside from just being in the state; and
• there is a lot of evidence available in Nevada concerning the child’s care, personal relationships, etc.¹

Figuring out if you qualify for one of these exceptions can be complicated.  If you think this law might apply to your situation, it might be best to talk to a lawyer in both Nevada and in the other state that you recently lived in. 

For a list of legal resources, please see our NV Finding a Lawyer page.

Also, even if you have not lived in Nevada for six months, you might be able to apply for temporary emergency jurisdiction (power to hear the custody case).  Nevada could have temporary emergency jurisdiction if:

• the child is present in the state; and
  • the child has been abandoned, or
  • it is necessary in an emergency to protect the child because either the child, a sibling, or a parent of the child is subjected to or threatened with mistreatment or abuse.²

¹ N.R.S. §125A.305(1)(b)
² N.R.S. §125A.335(1)

Mediation is a negotiation between two or more people to resolve differences, which is led by a neutral third party (called a mediator).  In a custody case, a judge may refer you and the other parent to mediation to try to reach an agreement on custody and/or visitation in the hope that you can avoid going to trial.

Mediation is not available in all counties.  In counties with 100,000 people or more, mediation is required for custody and visitation cases (subject to the exceptions explained in the next question).  In counties with under 100,000 people, the court has the option of setting up a mediation program or not.¹

¹ N.R.S. §§ 3.475(1), 3.500(1)

Usually, the mediator has the power to decide who else besides you and the other parent gets involved in the mediation. In many counties, if you have a lawyer, the lawyer has the right to talk to the mediator before the mediation but the mediator has the option to exclude (remove) the attorney from the mediation if s/he believes that it is appropriate or necessary.¹ In other counties, the mediation is always done without the lawyers present but any agreement that you and the other parent come to cannot be given to the judge until your lawyer has approved it.²

The mediator usually also has the right to interview the child(ren) if s/he believes it is appropriate.¹

In most counties, the mediator must keep confidential what was said during the mediation (except if s/he has to report child abuse allegations). However, the mediator will tell the judge if you do not show up, which could have an effect on your case and could cause you to be punished by the judge.³ Therefore, it is important that you appear for the mediation date just as you would appear for your court date.

¹ F.J.D.C.R. 25(7)(B) & (C); WDFCR 53(7)(b) & (c)
² 4JDCR 5(5)(a)(3)
³ F.J.D.C.R. 25(9)(A) & (10); WDFCR 53(9)(a) & (10); EDCR 5.70(e) & (j)(3)

If you have a child custody order from another state, and want it to be enforced in Nevada, you have to register it with a Nevada court,¹ often referred to as “domesticating a foreign judgment.”

To register your custody order from another state, you generally need to:

1. send the court the following:
   • a letter or other document requesting registration;
   • two copies, including one certified copy, of the order you want to register;
   • a sworn statement that to the best of your knowledge and belief, the order you are registering has not been modified (changed); and
   • include your name and address or a sworn statement (affidavit) that you or your child’s safety would be in danger if your address were given to the other parent;
   • include the name and address of any parent (or person acting as a parent) who has been awarded custody or visitation in the custody order you are registering;²
2. send each parent or person who has been awarded custody or visitation the following:
   • a notice, sent by registered or certified mail, return receipt requested, that states:
   • a registered custody determination is enforceable as of the date of the registration in the same way that a Nevada custody order would be;
   • if the other parent or person wants to fight (contest) the registration, s/he must request a hearing within 20 days after service of the notice; and
   • failure to fight (contest) the registration means that the registration of the child custody determination will be confirmed no further objections can be made.³

For more specific information on registering your order, you can contact your local courthouse and ask the clerk what steps you need to take and what court forms you need to fill out. You can go to NV Courthouse Locations to find the contact information for the court in your county.

After you register your custody order, Nevada courts will have the power to enforce it but usually do not have the power to change it unless certain requirements are met.¹

To find out more about how to get a Nevada court to change the terms of a registered custody order, or for any other questions, we recommend you speak to a lawyer. To find a lawyer near you, you can go to NV Finding a Lawyer.

¹ N.R.S. § 125A.475
² N.R.S. § 125A.465(1)
³ N.R.S. § 125A.465(4), (5)

In Nevada, a parent who does not have custody of his/her child may still have access to information related to the child and the child’s records, including educational, medical, and dental records.¹ Therefore, if you are living in a confidential address that you do not want known to the abuser, you might want to consider asking the school and your child’s doctors whether you can give a P.O. Box or a relative’s address for their records instead of using your confidential address.

¹ N.R.S. § 125C.005(2)