In Nevada, the key concept regarding child custody matters is "the best interest of the child." There is no automatic preference in favor of either parent, and both "legal custody" (who has the right and responsibility to make parenting decisions) and "physical custody" (in whose custody the child will physically be placed) must be specified in every divorce involving minor children. Proof that a parent has engaged in acts of domestic violence generally disqualifies that parent from being a custodian of a child.

In the 2009 Rivero case, the Nevada Supreme Court extended the definition of "joint custody" to include all cases in which the parents share custody 60/40 or closer (essentially, a 3/4 time share).

If parties disagree about child custody or visitation, they are required by statute (in most cases) to go through the Court's Family Mediation Center for "mediation" (using a third party to try to get the parties to agreement on the issue). The attorneys are not usually involved in the actual proceedings at FMC. The goal of these proceedings is to develop a Parenting Plan specifying legal custody, physical custody, and visitation issues. Other issues, such as money matters, are not included in FMC mediation in Clark County. The parties can mutually opt for a private mediator if they wish, and are free to mediate any part of the case through such a mediator if they both desire to do so.

If mediation is impossible or fails, the case might be referred to an outside professional (therapist or psychologist) for "assessment" of the charges one or both spouses are making about the other's treatment of the children or fitness as a parent.

Alternatively, or even after one or both of the above steps, the Court could order an evidentiary hearing on the issue of child custody and visitation. The court rules require child custody matters to be completed before the remainder of the case is decided. As of 2005, Courts are required to consider all the factors set out in NRS 125.480 - Best Interest of Child; Preferences; Considerations of Court; Presumption When Court Determines That Parent or Person Residing with Child Is Perpetrator of Domestic Violence (basic custody statute)

It is possible for grandparents and other third parties to petition for rights of visitation with, or even seek custody of, children. The statutes governing such cases are linked below.

Once custody has been established, a parent seeking to move out of state with the child must seek the consent of the other parent. If that consent is denied, the custodial parent must obtain a court order permitting the relocation, or an attempt to move with the child could be considered grounds for a change of custody.

It is possible for child custody litigation to be between a natural parent or parents and third parties, such as relatives who have physically cared for a child, or foster parents. Nevada has adopted the "parental preference" doctrine, which presumptively favors a natural parent, even if a "better" placement for the child or children arguably exists. The doctrine arises in custody contests between natural parents whose rights have not been terminated, and any third parties who seek custody of a child.

Child custody and visitation orders are never truly "final," in that they can be modified any time until the child is emancipated. The standard of proof required to change custody depends on whether or not the prior order was for joint physical custody. Usually, once a fact or issue has been litigated regarding custody, and an order has been entered, that fact or issue cannot be raised in any later motion concerning child custody.

Special rules govern which State has jurisdiction to decide questions of child custody, when the parents live in different States, or the child has lived in a State for less than six months. In 2003, Nevada changed its version of the uniform law to the newer "Uniform Child Custody Jurisdiction and Enforcement Act," or UCCJEA. An international treaty commonly called the "Hague Convention" and a federal law called the "International Child Abduction Remedies Act" or ICARA, governs international cases where a child has been removed or retained from one country to another.

Marshal Willick wrote both summary and extended articles concerning the Hague Convention and internationally abducted children that our readers may find very helpful in the following link. International Kidnapping and the Hague Convention: A short introduction International Kidnaping Response for Fun and Profit. Also, the following two links are flow charts on the legal test and procedural process of Hague cases. Hague Convention Legal Test Flow Chart Hague Convention Procedural Steps

WILLICK LAW GROUP has extensive experience in the resolution of child custody matters by way of negotiation, mediation, and litigation. We take seriously our responsibility to advise our clients regarding every available option under the law, and to represent our clients in these sensitive matters while always being aware of the obligation to consider the welfare of the children involved.

low high	low high	03 - Child Custody & Visitation - Generally
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low high	low high	05 - Child Custody & Visitation - Visitation Rights
low high	low high	06 - Child Custody & Visitation - Relocation

Ellis v. Carucci (current case giving standard for change of custody)

Rivero v. Rivero (defining legal and physical custody and how child support varies with custody)

Truax v. Truax (standard for changing from joint to primary physical custody)

Percentage of Custodial Time in Typical Custody Schedules
Custody Flow Chart
Determining the primary caretaker
Custody and Visitation Model Clauses
AAML Model Parenting Plan
UCCJEA Affidavit (Pro Se)
Behavioral Order Template

From a CLE in Nevada on Family Law Jurisdiction (2009)

The Basics of Family Law Jurisdiction
Initial Child Custody Jurisdiction
Child Custody Modification Jurisdiction
CLE on Child Custody Jurisdiction (2008)

Model UCCJEA with Comments (1997)

NRCP 16.2 Timeline

Move cases Relocation Section of NFPM
Relocation Cases issued after publication
Schwartz Factors

Safe Nest brochure 1
Safe Nest brochure 2
Safe Nest brochure 3
Safe House Brochures
Self Help Center Brochure

2009 Filing Fees for 8th District Court

Required Child(ren) Related Information checklist

Meet Me Half Way Locator This link gives a location (restraunt, hotel, business, etc.) between two zip codes for parties to meet to make child exchanges.

How to Maximize Your Parenting Time (adapted from an article written by Richard Forrest Gould-Saltman)

Advance Opinion Ogawa v. Ogawa (After Amicus Brief)
Ogawa Amicus Brief

NRS 125D - Uniform Child Abduction Prevention Act

The Proper Application of Rivero II and How to Measure Time

Rennels - Grandparental Visitation