Nevada courts grant parents joint physical and legal custody of their minor children unless it would be in the best interest of the child to have a different custody arrangement.
Joint physical custody means that the child spends at least 40% of their time with each parent. A common joint custody arrangement is the child alternating weeks with each parent.
Joint legal custody means that each parent has decision-making power over the child’s medical care, education, religion, and other major issues. If the parents cannot agree, then they can bring the issue to court.
In this article, our Las Vegas family law attorneys discuss:
- 1. Is Nevada a joint custody state?
- 2. How is child custody determined in Nevada?
- 3. What if my ex wants primary custody?
- 4. What if I want primary custody?
- 5. Can I get joint custody if my ex now has primary custody?
- 6. Do I have to pay child support with joint custody in Nevada?
1. Is Nevada a joint custody state?
Nevada family courts presume that joint custody of a child is in the child’s best interest in the event their parents are not living together. However, courts can favor one parent over the other if the court finds that it would be in the child’s best interest.1
Parents are encouraged to resolve any custody disputes themselves through mediation. Judges prefer not to get involved in family matters, and they will usually sign off on any custody agreement both parents can live with – even if it means giving one parent primary custody.
Example: Molly and Jake agree that their son Max should live with Molly most of the time and that Max will stay with Jake every other weekend. However, Molly and Jake must confer and agree every time a major decision comes up (such as Jake’s health care).
Here, Molly has primary physical custody of the child since she contributes more than 60% of the parenting time. Though Molly and Jake still share legal custody.
Nevada courts presume that joint custody is in the best interest of the child.
2. How is child custody determined in Nevada?
Under Nevada child custody law, courts take the following factors into account when deliberating over which child custody arrangement is in a child’s best interest:
- The wishes of the child (if they are old enough to form an intelligent preference).
- Each parent’s physical health and mental health.
- The nature of the relationship of the child with each parent.
- The ability of the parents to cooperate to meet the needs of the child
- The level of conflict between the parents.
- The ability of the child to maintain a relationship with any sibling.
- Any history of parental abuse or neglect of the child or a sibling of the child.
- Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.
- Any nomination of a guardian for the child by a parent.
- Whether either parent has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child.
- Whether either parent has committed any act of abduction against the child or any other child.2
3. What if my ex wants primary custody?
Nevada law presumes joint custody is in your child’s best interest. If your ex wants primary or sole custody, the court has to find that your child would be better off with your ex for the majority of the time.
Despite your ex’s protestations, courts will likely choose a joint custody arrangement as long as you have demonstrated an intent to establish a meaningful relationship with your child.3 In addition, it will help if you can show that you:
- are gainfully employed and/or have adequate funds;
- are not addicted to alcohol or drugs;
- have no history of domestic violence or child abduction;
- have a sanitary, safe home; and
- are mentally and physically well enough to care for the child and attend to their needs.
If you and your child’s other parent cannot agree on a parenting plan out of court, it is important you retain experienced counsel to fight for your parental rights in court. Your ex may try to lie about you in court in an effort to sway the judge, and you need a strong advocate to call them out on their fabrications.
4. What if I want primary custody?
Getting primary custody of your child is an uphill battle since Nevada courts favor joint custody as long as both you and your co-parent show an intent to establish a meaningful relationship with your child. Though you may be able to win primary custody if you can show that your co-parent:
- is violent or has a history of child abduction;
- is an addict;
- is mentally ill or physically incapable of caring for your child;
- neglects your child’s basic needs, such as making sure they get to school and providing medical care;
- has insufficient funds to pay for your child’s necessities, such as food, clothes, and shelter; and/or
- is always out of town or traveling.
In extreme cases, the judge may even award you sole custody. With this type of custody, your ex may ask for visitation rights. The visitation order will specify the visitation schedule and whether the visits must be supervised or not.4
5. Can I get joint custody if my ex now has primary custody?
If your co-parent has primary custody of your child, you can always petition the court to modify the child custody order so that you share joint custody. However, you have the burden of showing that it is necessary.
Even though courts favor joint custody, courts are also hesitant to make any big changes to a child’s life – especially if the child is currently thriving. For courts to change a primary custody arrangement to joint custody, you would need to show:
- there has been a substantial change in circumstances affecting the welfare of the child, and
- the child’s best interest is served by the modification.5
It is best to consult with an experienced family law attorney on how to increase the odds of persuading the court to grant you a joint custody court order.
6. Do I have to pay child support with joint custody in Nevada?
When parents share joint custody, the higher-earning parent pays the lower-earning parent child support.
First, the court calculates the amount that each parent would owe the other if they did not have joint custody. (The formula depends on your gross monthly income and the number of children you have – go to our child support calculator to learn more.)
Second, the court subtracts the smaller sum from the larger. This difference is what the higher-earning parent pays the lower-earning parent in a joint custody case.
Example: If Pam had primary custody of their child, her ex-husband Jeremy would owe her $3,000 a month. If Jeremy had primary custody of their child, Pam would owe him $2,000. Since they share joint custody, Jeremy owes Pam $1,000 a month ($3,000 minus $2,000).
Courts can award higher or lower support payments depending on your circumstances.6
Nevada courts still order child support payments in joint custody arrangements.
Contact our Las Vegas, NV law firm for legal advice on your Nevada child custody rights. Our divorce attorneys appear in district courts through Clark County and the state of Nevada.
See our related articles, How far can a parent move with joint custody in Nevada?, The difference between legal and physical child custody in Nevada, How is child custody determined for unmarried parents in Nevada?, I’m a father in Nevada. What are my custody & visitation rights?, Do Nevada courts favor mothers in child custody battles?
Legal References
- Nevada Revised Statute 125C.002 – Joint legal custody. 1. When a court is making a determination regarding the legal custody of a child, there is a presumption, affecting the burden of proof, that joint legal custody would be in the best interest of a minor child if: (a) The parents have agreed to an award of joint legal custody or so agree in open court at a hearing for the purpose of determining the legal custody of the minor child; or (b) A parent has demonstrated, or has attempted to demonstrate but has had his or her efforts frustrated by the other parent, an intent to establish a meaningful relationship with the minor child. 2. The court may award joint legal custody without awarding joint physical custody. NRS 125c.0025 – Joint physical custody. 1. When a court is making a determination regarding the physical custody of a child, there is a preference that joint physical custody would be in the best interest of a minor child if: (a) The parents have agreed to an award of joint physical custody or so agree in open court at a hearing for the purpose of determining the physical custody of the minor child; or (b) A parent has demonstrated, or has attempted to demonstrate but has had his or her efforts frustrated by the other parent, an intent to establish a meaningful relationship with the minor child. 2. For assistance in determining whether an award of joint physical custody is appropriate, the court may direct that an investigation be conducted. See also Davis v. Ewalefo (.
- Nev. Rev. Stat. 125c.0035 – Best interests of child: Joint physical custody; preferences; presumptions when court determines parent or person seeking custody is perpetrator of domestic violence or has committed act of abduction against child or any other child. Sims v. Sims (1993) 109 Nev. 1146, 1148, 865 P.2d 328, 330 (“The trial court enjoys broad discretionary powers in determining questions of child custody.”); see David Ferrara, “Las Vegas family court judge reprimanded by state“, Las Vegas Review-Journal (June 19, 2018).
- See notes and 2.
- Same.
- See, for example, Blount v. Blount (2022) 138 Nev. Adv. Op. 32; Ellis v. Carucci (; Myers v. Haskins (Court of Appeals, 2022) 513 P.3d 527; Rivero v. Rivero (2009) 125 Nev. 410, 216 P.3d 213. Ellis v. Carucci (2007) 123 Nev. 145, 161 P.3d 239 (“[A] modification of primary physical custody is warranted only when (1) there has been a substantial change in circumstances affecting the welfare of the child, and (2) the child’s best interest is served by the modification. Under this revised test, the party seeking a modification of custody bears the burden of satisfying both prongs.”). Romano v. Romano (2022) 501 P.3d 980. See also How to Change Child Custody, Child Support, or Relocate, State of Nevada Self-Help Center.
- NRS 125B. Wright v. Osburn (1998) 970 P. 2d 1071. Matkulak v. Davis (2022) 138 Nev. Adv. Op. 61.