Parenting plans are not static. Work schedules shift, kids’ needs change, and sometimes safety concerns arise. Nevada law allows parents to request a change to a custody order, but you must meet specific legal standards and follow the correct filing steps.
Nevada’s Legal Standard for Changing Custody
Nevada courts decide custody based on what best serves the child’s interests. Judges consider factors such as each parent’s ability to meet the child’s needs, the stability of each household, any history of abuse, and the child’s preference if they are mature enough to express one.
To modify a custody order, the court must find two things: a substantial change in circumstances affecting the child’s welfare since the last order, and that the proposed change is in the child’s best interests. Both criteria must be met before the court will modify the existing arrangement.
What Counts as a Substantial Change
Every case is unique, but several situations often justify a modification:
- A relocation that disrupts the current schedule or schooling
- Ongoing interference with parenting time or communication
- Safety concerns such as substance abuse, neglect, or domestic violence
- Significant lifestyle changes that make the current plan impractical
- A maturing child’s preference when age and judgment allow
When an Emergency Requires Faster Action
If a child faces immediate risk, parents can request temporary orders or ask the court to hear the motion on shortened time. Nevada courts also have temporary emergency jurisdiction when a child in the state has been abandoned or needs protection from mistreatment or abuse.
How to File a Custody Modification in Nevada
1. Prepare your motion and declaration
Use Nevada’s official forms for a Motion to Modify Custody or Visitation. Clearly describe what has changed since the last order and explain how the proposed change benefits the child. Attach exhibits or supporting documents if needed.
2. File in the correct court
File in the district court that issued the current order or has jurisdiction under Nevada law.
3. Serve the other parent
Serve the other parent with a copy of the motion and declaration. They will have an opportunity to respond, and the court may set a mediation session or hearing.
4. Mediation and parenting plans
Many Nevada courts require mediation before a final hearing. Come prepared with a proposed schedule and a plan for holidays, school breaks, and exchanges.
5. Evidentiary hearing
If the case is not resolved in mediation, the court will hold a hearing. Each side presents evidence, and the judge decides whether a substantial change has occurred and whether the new plan serves the child’s best interests.
Relocation and Custody: Special Rules
A parent with primary or joint custody who wishes to relocate out of state, or a significant distance within Nevada, typically must obtain the other parent’s consent or court approval before moving. The court applies the best-interest standard and Nevada’s relocation statutes to decide whether the move is allowed.
Will Child Support Change Too?
When custody changes, child support is often reviewed as well. Nevada allows support modifications based on changed circumstances and requires review upon request every three years. A 20 percent change in a parent’s gross monthly income is considered a sufficient basis for review.
How DRS Keeps Your Case Moving
The attorneys at Dempsey, Roberts & Smith prepare complete, accurate filings and gather the documentation needed to prove what has changed since your last order. We guide clients through mediation and court proceedings with clear communication and a focus on resolution.
If your parenting plan no longer fits your child’s needs, contact us so we can help you pursue a modification that protects your rights and supports your family’s stability.