What best-interest factors does the court weigh?

Courts examine the child's needs and relationships (emotional and developmental needs, schooling, and relationships with each parent and siblings), the level of parental cooperation and conflict, including willingness to encourage a positive relationship with the other parent, and each parent's history of caregiving, who has actually been meeting the child's daily needs.

Can I relocate with my child if I have primary physical custody?

Not without either the other parent's written consent or a court order. Under NRS 125C.006, if primary physical custody has been established and the move would be outside Nevada, or to a distant in-state location that would substantially impair the other parent's ability to maintain a meaningful relationship with the child, the relocating parent must first seek consent, and if refused, petition the court and prove the move serves the child's best interest.

What happens if I relocate without consent or a court order?

Relocating without the required written consent or court permission can expose the relocating parent to the provisions of NRS 200.359, Nevada's parental kidnapping statute, so getting the required consent or court approval first matters.

Nevada, United States

Nevada Child Custody: A Parent's Guide

Q: Is there a preference for joint custody in Nevada?

Nevada law doesn't automatically favor either parent based on being the mother or father, and doesn't presume joint physical custody. But if it appears joint physical custody would serve the child's best interest, the court may grant it, and if a parent applies for joint physical custody and the court denies it, the court must state its reasons in the decision.

Q: What order of preference does a Nevada court follow for custody?

Absent a reason to depart from it based on the child's best interest, Nevada law sets an order of preference: first, to both parents jointly or to either parent; then to a person in whose home the child has been living in a stable, wholesome environment; then to a relative within the fifth degree of consanguinity found suitable; then to any other suitable person.

How child custody works in Nevada, in plain English: legal and physical custody, the order of preference, relocation approval, and child support.

Legal sources reviewed: August 9, 2026

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In short: Nevada doesn't presume joint physical custody, but courts may grant it where it serves the child's best interest, and must explain in writing if they deny a parent's request for it. Absent a reason to depart, the law sets an order of preference starting with both parents jointly. A parent with established primary physical custody needs either the other parent's written consent or a court order before relocating outside Nevada or to a distant in-state location.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed Nevada family law attorney.

What Nevada generally provides

In any Nevada custody proceeding, the sole consideration is the best interest of the child, with no preference for either parent based on being the mother or father. Where joint physical custody would serve the child's best interest, the court may grant it; if a parent applies for it and the court denies the request, the court must state its reasons in the written decision.

Important terminology

Physical custody: where the child lives and which parent provides day-to-day care; can be joint or awarded following the statutory order of preference.
Order of preference: Nevada's statutory default sequence for awarding custody absent a best-interest reason to depart from it.
Best interest of the child: Nevada's sole consideration in custody decisions, assessed through the child's needs, parental cooperation, and caregiving history.

How custody works in Nevada

An order of preference, not a fixed rule

Absent a best-interest reason to depart from it, Nevada law awards physical custody in this order: first, to both parents jointly or to either parent; then to a person in whose home the child has been living in a stable, wholesome environment; then to a relative within the fifth degree of consanguinity found suitable and able to provide proper care; then to any other suitable person.

What courts actually weigh

Judges look at the child's emotional and developmental needs, schooling, and relationships with each parent and siblings; the level of cooperation and conflict between the parents, including each one's willingness to support the child's relationship with the other; and each parent's history of actually meeting the child's daily needs, who has been doing the hands-on parenting.

Parenting schedules

Once custody is set, families commonly build the actual schedule around patterns like 2-2-3 or week on, week off. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Under NRS 125C.006, once primary physical custody has been established by court order, a parent who wants to relocate outside Nevada, or to a distant location within Nevada that would substantially impair the other parent's ability to maintain a meaningful relationship with the child, must first try to get the other parent's written consent. If consent is refused, the relocating parent must petition the court and carries the burden of proving relocation serves the child's best interest, showing a sensible, good-faith reason for the move, that it isn't intended to deprive the other parent of time with the child, and that the child and relocating parent will benefit. Relocating without the required consent or court permission can expose a parent to Nevada's parental-kidnapping statute, NRS 200.359. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? Nevada uses a tiered percentage-of-income model under Nevada Administrative Code Chapter 425: different percentage rates apply to different portions of the paying parent's gross monthly income, with a base support amount, plus additional costs like health insurance and childcare added to reach the total obligation. A 2020 overhaul moved the calculation details from statute into administrative regulation and eliminated the old flat minimum and maximum caps.

Can a custody order be changed later? Yes, generally on a showing of a substantial change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the custody order? You can file a motion for contempt with the court. Courts can order makeup time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because relocating without proper consent or court approval can carry serious legal exposure under Nevada's kidnapping statute, never treat a move as a formality even with primary physical custody, get the consent in writing or the court order first, and discuss the process directly with a Nevada family law attorney before making arrangements. Whatever the order specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official Nevada resources

Nevada hub

FAQ

Questions, answered

This information is provided for educational purposes only and is not legal advice. Family law varies by individual circumstances and may change over time. Consult a qualified attorney or appropriate official resource for advice about your situation.