Child Custody in Nevada: Best Interest, Joint Custody Presumptions, Mediation and Moving Away

In a Nevada custody case, "the sole consideration of the court is the best interest of the child" (NRS 125C.0035). Neither parent is preferred "for the sole reason that the parent is the mother or the father of the child." Custody law is in NRS Chapter 125C.

Legal and physical custody

Legal custody is decision-making: health, education, religion. Physical custody is where the child lives. Until a court rules, "each parent has joint legal custody and joint physical custody of the child" (NRS 125C.0015).

Joint legal custody is presumed. There's "a presumption, affecting the burden of proof, that joint legal custody would be in the best interest of a minor child" if the parents agree to it, or if a parent has shown, or tried to show despite the other parent's interference, an intent to establish a meaningful relationship with the child (NRS 125C.002).

Joint physical custody is preferred on the same two triggers. The statute calls it a "preference", not a presumption (NRS 125C.0025). If a parent asks for joint physical custody and the court doesn't grant it, the judge must give the reason.

The 146-day rule. Joint physical custody is presumed not to be in the child's best interest if a parent is unable to adequately care for the child for at least 146 days of the year, or after a finding of domestic violence by clear and convincing evidence (NRS 125C.003).

The 12 best-interest factors

The court must make specific findings on these, among other things (NRS 125C.0035(4)):

1. the child's wishes, if the child is old enough and able to form an intelligent preference;
2. any nomination of a guardian by a parent;
3. which parent is more likely to allow the child frequent associations and a continuing relationship with the other parent;
4. the level of conflict between the parents;
5. the parents' ability to cooperate to meet the child's needs;
6. the parents' mental and physical health;
7. the child's physical, developmental and emotional needs;
8. the child's relationship with each parent;
9. the child's ability to keep a relationship with any sibling;
10. any history of parental abuse or neglect of the child or a sibling;
11. whether either parent or anyone else seeking custody has committed domestic violence against the child, a parent or anyone living with the child; and
12. whether either parent or anyone else seeking custody has abducted the child or any other child.

There's no age when a child decides. The statute asks whether the child is of "sufficient age and capacity" to form a preference.

Domestic violence and abduction

A finding by clear and convincing evidence, after an evidentiary hearing, that a parent committed domestic violence "creates a rebuttable presumption that sole or joint physical custody of the child by the perpetrator of the domestic violence is not in the best interest of the child" (NRS 125C.0035(5)). If both parents committed violence, the court decides who was the primary physical aggressor. An abduction finding creates a similar presumption against custody and unsupervised visitation.

The 2025 reunification limits

Since July 1, 2025 (SB 275, codified at NRS 125C.243 to 125C.247), a court may not, just to improve a deficient relationship with the other parent, remove a child from a parent who is capable, protective, not abusive or neglectful, and bonded with the child. It may not order reunification treatment unless it finds, from generally accepted and scientifically valid proof, that the treatment is safe, effective and won't harm the child, and the treatment can't depend on cutting the child off from such a parent. The law also governs expert evidence where abuse is alleged and requires judicial training.

Mediation

In the largest counties, custody mediation is required. NRS 3.475 provides: "In a county whose population is 700,000 or more, the district court shall establish by rule approved by the Supreme Court a program of mandatory mediation in cases that involve the custody or visitation of a child." That's Clark County, where the court's Family Mediation Center handles it. Access "requires a court order", and each parent pays a sliding-scale fee based on income unless the court waives it. The center notes that an agreement reached there isn't enforceable until a judge signs it and it's filed.

Washoe County's family services division also offers custody mediation, with a 2026 fee scale from $0 to $300 based on household income and size.

Parenting plans and orders

The court may require the parents to submit a plan for carrying out its custody order (NRS 125C.005). A visitation order must define the schedule "with sufficient particularity" to be enforced (NRS 125C.010). A parent without custody can't be denied the child's medical, dental and school records for that reason alone.

Moving away

A parent with primary physical custody who wants to move out of state, or far enough within Nevada to substantially impair the other parent's relationship with the child, must first seek the other parent's written consent and, if it's refused, ask the court for permission (NRS 125C.006). A parent with joint physical custody follows a similar path under NRS 125C.0065.

The moving parent must show a sensible, good-faith reason for the move, that it's in the child's best interest, and that the child and parent will gain "an actual advantage" from it. The court then weighs six more factors (NRS 125C.007). Moving without consent or permission risks criminal liability under NRS 200.359.

Where these sections live

• NRS 125C.0035 — Best interest of the child
• NRS 125C.002 — Joint legal custody
• NRS 125C.003 — Primary physical custody and the 146-day rule
• NRS 125C.007 — Relocation
• Clark County Family Mediation Center