How to modify child custody and parenting time in Nevada

Sources last checked 8 November 2026. Information only, not legal advice. This page rests on the text of Nevada Revised Statutes 125C.0045 (modifying custody orders), 125C.0035 (best interests), 125C.006, 125C.0065 and 125C.007 (relocation), as published by the Nevada Legislature on leg.state.nv.us. We also read one Nevada Supreme Court decision, Ellis v. Carucci (2007), on FindLaw, which sets the test for changing primary physical custody. We did not read the decisions on joint physical custody. Read what we could not confirm below.

Nevada divorce kit Child custody in Nevada Modifying child support and spousal support in Nevada After your divorce: changing a support or custody order

The short version

The statute gives a Nevada court broad power to change a custody order. Under NRS 125C.0045(1) the court may modify or vacate its order “at any time”, and the guiding question is the child’s best interest. For an order of joint custody, subsection 2 says the order may be modified or terminated if “the best interest of the child requires the modification or termination”, and the court must state its reasons if a parent opposes. The statute sets no waiting period and no stated change-of-circumstances test, but the Nevada Supreme Court has added one for primary physical custody (next section). Do not assume the statute is the whole picture. For changing child support or spousal support instead, see modifying child support and spousal support in Nevada.

Changing primary physical custody: Ellis v. Carucci (2007)

The test. The court held that a modification of primary physical custody “is warranted only when” there has been a substantial change in circumstances affecting the child’s welfare, and the modification serves the child’s best interest.
Why it changed. The court replaced the older two-part test from Murphy v. Murphy (1968), which asked whether the parents’ circumstances had “materially altered” and the child’s welfare would be “substantially enhanced”. It reasoned that the Legislature had since refocused custody law on the child’s best interest.
Scope. This covers primary physical custody. We did not read how Nevada courts treat joint physical custody or a change in parenting time alone.

What the statute says about modifying an order

Power to modify, NRS 125C.0045(1). In an action to determine custody, the court may during the case, at the final hearing “or at any time thereafter during the minority of the child” make an order for custody, care, education, maintenance and support “as appears in his or her best interest”, and may at any time modify or vacate it. The party seeking an order submits to the court’s jurisdiction for this purpose.
Joint custody orders, NRS 125C.0045(2). Modification or termination can come on the petition of one or both parents or on the court’s own motion. The court “shall state in its decision the reasons” if either parent opposes.
Out-of-state orders, NRS 125C.0045(3). A custody order from another state may, subject to the jurisdiction rules in chapter 125A, be modified “at any time” to an order of joint custody.
You can file without a lawyer. NRS 125C.0045(4): a party may proceed under this section “without counsel”.
Specific times. Any order awarding a limited right of custody must define it with sufficient particularity and include all specific times and other terms. A term such as “reasonable” does not meet that standard.

The best-interest factors, NRS 125C.0035

Standard. In deciding physical custody “the sole consideration of the court is the best interest of the child”. If joint physical custody would serve the child, the court may grant it. Neither parent is preferred just for being the mother or the father.
Factors in subsection 4. The court considers and sets out specific findings on, among other things: the wishes of a child of sufficient age and capacity; which parent is more likely to allow frequent associations and a continuing relationship with the other parent; the level of conflict; the parents’ ability to cooperate; the parents’ mental and physical health; the child’s physical, developmental and emotional needs; the child’s relationship with each parent; the child’s ability to maintain a relationship with any sibling; any history of abuse or neglect; any domestic violence; and any act of abduction.
Domestic violence, subsection 5. After an evidentiary hearing, a finding by clear and convincing evidence of domestic violence creates a rebuttable presumption that sole or joint physical custody by the perpetrator is not in the child’s best interest. The court must then make findings that the arrangement protects the child and the other victim.
Cross-reference. Subsection 6 and NRS 125C.210 carve out exceptions where each party has committed domestic violence. We did not read NRS 125C.210.

If a parent wants to move with the child

Primary physical custody, NRS 125C.006. A custodial parent who intends to move out of state, or within Nevada far enough to “substantially impair” the other parent’s ability to keep a meaningful relationship, and who wants to take the child, must before moving try to get the other parent’s written consent. If consent is refused, the parent must petition the court for permission.
Joint physical custody, NRS 125C.0065. The same duty applies, but if consent is refused the moving parent must petition the court for primary physical custody for the purpose of relocating.
What the moving parent must show, NRS 125C.007(1). A “sensible, good-faith reason” for the move that is not meant to deprive the other parent of parenting time; that the child’s best interests are served; and that the child and the moving parent will benefit from an actual advantage. If those are shown, the court weighs the factors in subsection 2, such as the improvement in quality of life, each parent’s motives and whether a realistic visitation schedule remains. The moving parent has the burden of proving the move is in the child’s best interest.
Moving without consent or permission. The statutes make a parent who relocates without the written consent or court permission subject to NRS 200.359, and NRS 125C.0075 bars the court from considering post-relocation facts if a parent with primary or joint physical custody moves in violation of NRS 200.359. We did not read NRS 200.359.

Forms and filing

Statewide form. We did not read a Nevada statewide form for a motion to modify custody. Plan on a written motion with supporting facts, served on the other parent.
Where to file. The court that entered your order normally keeps the case. Ask that clerk about local forms, rules and fees; see child custody in Nevada.

What we could not confirm

Joint physical custody and later cases. Ellis is from 2007 and covers primary physical custody. We did not read how Nevada courts treat joint physical custody changes or any decision after 2007, so we cannot say how the test applies to you today. Ask a Nevada family lawyer before filing.
Parenting time versus custody. We cannot say where courts draw the line between changing custody and only adjusting a visitation schedule, or which test applies to each.
Other statutes. We did not read NRS 125C.0025 and 125C.003 (joint and primary physical custody), NRS 125C.210, chapter 125A (jurisdiction), NRS 125C.0601 to 125C.0693 (rights of third parties) or the rules on mediation and parenting classes.
Forms, fees and procedure. We did not confirm a statewide form, filing fees, fee waivers, local family court rules or required waiting periods.

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