Nevada custody decisions are made on one standard: the best interest of the child. Not what is fair to the parents, not who filed first, and not who has more money. Understanding that the court is answering a different question than the one most parents arrive asking is the single most useful thing to know going in.
The Jimmerson Law Firm has handled custody matters in Clark County since 1977, in the Family Division of the Eighth Judicial District Court.
Legal Custody and Physical Custody
Nevada separates two distinct things, and conflating them causes a great deal of unnecessary conflict.
Legal custody is decision-making authority — schooling, healthcare, religious upbringing. Nevada courts award joint legal custody in most cases, meaning both parents share these decisions regardless of where the child primarily lives. Sole legal custody is the exception, generally reserved for situations involving abuse, abandonment, or a parent’s genuine inability to participate.
Physical custody is where the child actually lives. Nevada recognizes joint physical custody — where each parent has the child at least 40% of the time, roughly 146 days a year — and primary physical custody, where one parent has the child more than 60% of the time. The 40% threshold matters concretely: it changes the custody label and it changes how child support is calculated.
Parents often fight over the label when what they actually care about is the schedule. It is worth separating those.
The Best Interest Standard
Under NRS 125C.0035, a Nevada court determining custody must consider a list of statutory factors, including:
- The wishes of the child, if the child is of sufficient age and capacity to form an intelligent preference
- Any nomination of a guardian for the child
- Which parent is more likely to allow the child a frequent and continuing relationship with the other parent
- The level of conflict between the parents, and their ability to cooperate in meeting the child’s needs
- The mental and physical health of the parents
- The physical, developmental, and emotional needs of the child
- The nature of the child’s relationship with each parent
- The child’s sibling relationships
- Any history of parental abuse or neglect
- Any history of domestic violence
No single factor decides the case, and there is no scoring system. Nevada law expresses a policy preference that children have frequent associations and a continuing relationship with both parents — and the willingness of each parent to support the child’s relationship with the other is a factor courts weigh seriously.
Relocation
A parent who wants to move a child out of Nevada — or a significant distance within it — generally needs either the other parent’s written consent or the court’s permission, under NRS 125C.006 and 125C.0065. Moving without one is a serious matter that can result in the child being ordered returned and can damage the moving parent’s custody position.
Relocation cases require showing a sensible, good-faith reason for the move, that it is not intended to interfere with the other parent’s relationship with the child, and that the move serves the child’s interest. These are among the most difficult custody cases to try, on either side.
Modification
Custody orders can be modified when circumstances change. The showing required depends on what you are asking for. Modifying a joint physical custody arrangement generally requires demonstrating that the change is in the child’s best interest. Modifying primary physical custody is harder: it typically requires a substantial change in circumstances affecting the child’s welfare, in addition to the best-interest showing.
Courts are appropriately reluctant to disturb a stable arrangement. Bring a real change, not a grievance.
Why The Jimmerson Law Firm
Custody cases are decided on evidence and credibility, not volume. Practice in Clark County since 1977 means we know the practices of this court, and our trial experience means we are prepared to try the case if it cannot be resolved — which is often what makes resolving it possible.
Where a custody matter overlaps with a divorce involving a business or trust assets, our firm handles that in-house as one matter. See Divorce and High-Net-Worth Divorce.
Schedule a confidential consultation. Call (702) 388-7171.
Frequently Asked Questions
How does a Nevada court decide custody?
By the best interest of the child under NRS 125C.0035. The court weighs statutory factors including the child’s needs, each parent’s ability to meet them, the level of parental conflict, the child’s relationships, each parent’s willingness to support the child’s bond with the other, and any history of abuse or domestic violence. No single factor controls.
What is the difference between legal and physical custody?
Legal custody is decision-making authority over schooling, healthcare, and religious upbringing — usually shared jointly. Physical custody is where the child lives. Parents can share joint legal custody while one has primary physical custody; the two are decided separately.
What counts as joint physical custody in Nevada?
Each parent must have the child at least 40% of the time — roughly 146 days per year. Below that threshold, the other parent has primary physical custody. The distinction affects both the legal label and the child support calculation.
At what age can a child choose which parent to live with?
There is no age at which a child decides. NRS 125C.0035 directs the court to consider the child’s preference if the child is of sufficient age and capacity to form an intelligent preference, and older teenagers’ views carry real weight — but the preference is one factor among many, not a decision.
Can I move out of state with my child?
Not without the other parent’s written consent or a court order. Under NRS 125C.006 and 125C.0065, relocating a child out of Nevada without permission can result in an order returning the child and can seriously damage your custody position. Petition first.
How is child support calculated in Nevada?
Under guidelines in the Nevada Administrative Code, based on each parent’s gross monthly income and the custodial arrangement, with the obligation calculated by income brackets. Courts can adjust for specific circumstances such as childcare costs, health insurance, or a child’s special needs.
Can a custody order be changed?
Yes. Modifying joint physical custody generally requires showing the change is in the child’s best interest. Modifying primary physical custody usually requires a substantial change in circumstances affecting the child’s welfare as well. Courts are reluctant to disturb stable arrangements without a genuine reason.
Does it matter that we were never married?
Custody and support rights are the same once paternity is established. For unmarried parents, paternity may need to be established first — by voluntary acknowledgment or court order — before custody and support can be determined.
This page is for general information and is not legal advice. Every custody matter is different; contact us to discuss your specific situation.
Part of our family law practice and our Las Vegas litigation practice.