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Custody

NRS 125C.0015 and NRS 125C.0035 — joint custody until a court says otherwise, and the child's best interest after

Before any order. Until a court decides custody, each parent has joint legal custody and joint physical custody of the child, whether or not the parents are married.

  • NRS 125C.0015
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In deciding physical custody, the court's sole consideration is the child's best interest, and neither parent is preferred for being the mother or the father. Joint legal custody is presumed in the child's best interest where the parents agree to it, or a parent has shown, or tried and been frustrated by the other parent in showing, an intent to build a meaningful relationship with the child.

  • NRS 125C.0035
  • NRS 125C.002
  • The child's wishes, if old enough and able to form an intelligent preference
  • Which parent is more likely to allow frequent contact with the other
  • The level of conflict, and the parents' ability to cooperate
  • Each parent's mental and physical health
  • The child's needs, the child's relationship with each parent, and with any sibling
  • Any history of abuse or neglect, domestic violence, or abduction
  • NRS 125C.0035

A finding by clear and convincing evidence that a parent committed domestic violence against the child, the other parent or someone living with the child creates a rebuttable presumption against that parent having sole or joint physical custody. A court that denies a parent's application for joint physical custody states its reason.

  • NRS 125C.0035
Sources for this section (3)
  1. NRS 125C.0015 — Parents have joint custody until otherwise ordered by court
  2. NRS 125C.002 — Joint legal custody
  3. NRS 125C.0035 — Best interests of child: Joint physical custody

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nevada attorney.

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