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2023 Nevada Revised Statutes › Chapter 125B - Obligation of Support › NRS 125B.220 - Order for sale of assets and deposit of proceeds with trustee; procedure for deposit of particular types of property.

1. Upon deposit of any asset pursuant to NRS 125B.210 which is not money or is not readily convertible into money, the court may, not fewer than 25 days after serving the obligor-parent with written notice and providing an opportunity for hearing, order the sale of the asset and deposit the proceeds of the sale with the trustee designated by the court to receive the assets. The sale of assets must be conducted in accordance with the provisions set forth in NRS 21.130 to 21.260, inclusive, governing the sale of property under execution.
2. When an asset ordered to be deposited is real property, the order must be certified in accordance with NRS 17.150 and recorded with the county recorder. The deposited real property and the rights, benefits and liabilities attached to that property continue in the possession of the legal owner until it becomes subject to a use or sale of assets pursuant to this section or NRS 125B.210. The legal owner may not transfer, encumber, hypothecate, dispose of or realize profits from the property unless approved by the court.
3. When an asset ordered to be deposited is personal property or fixtures including goods, documents, instruments, general intangibles, chattel paper or accounts, the trustee shall file a financing statement in accordance with NRS 104.9501, 104.9502 and 104.9516.
4. When an asset ordered to be deposited is a vehicle registered with the Department of Motor Vehicles, the trustee shall deliver to the Department the certificate of title of the vehicle in accordance with NRS 482.428.
(Added to NRS by 1989, 856; A 1999, 391; 2001, 2564; 2003, 180, 475)
2023 Nevada Revised Statutes › Chapter 125B - Obligation of Support › NRS 125B.230 - Considerations against deposit, sale or use of assets; presumptions against obligor-parent; procedure for opposition; attorney’s fees and costs.

1. If raised by the obligor-parent, the court, in deciding a motion for an order to deposit assets or a motion to stop a sale or the use of assets, may consider any of the following factors, among other legal or equitable defenses:
(a) The payments of support of the child were not in arrears at the time the declaration was filed.
(b) The granting of the order or the denial of the motion would have a serious adverse effect on the immediate family members of the obligor-parent who reside with the obligor-parent which would outweigh the effect on the other parent of the denial of the order or the granting of the motion.
(c) The granting of the order or denial of the motion would substantially impair the ability of the obligor-parent to generate income.
(d) Any other specified emergency condition which impairs the ability of the obligor-parent to make the payment of support.
2. Where evidence is presented that the obligor-parent is in arrears in the payment of support of a child, the obligor-parent must dispute the presumption that nonpayment of support of the child was willful, without good faith, and that the obligor-parent had the ability to pay the support.
3. An obligor-parent may oppose the use of the money or the sale of the assets pursuant to subsection 2 of NRS 125B.210 if the obligor-parent files a motion therefor within 15 days after service of notice of the impending use or sale of the assets. The clerk of the court shall set the motion for hearing not later than 20 days after service on the trustee and on the person to whom support has been ordered to have been paid.
4. If the obligor-parent is found to be in arrears at the time the declaration was filed, the court shall award reasonable attorney’s fees and costs to the person to whom support has been ordered to have been paid, even if the obligor-parent has cured the arrearage at the time of the hearing.
(Added to NRS by 1989, 856)
2023 Nevada Revised Statutes › Chapter 125B - Obligation of Support › NRS 125B.240 - Limitations upon issuance of order for deposit of assets.

The court shall not issue an order pursuant to NRS 125B.210, unless it finds the existence of one or more of the following conditions:
1. The obligor-parent is not receiving income which may be subject to an assignment or withholding pursuant to chapter 31A of NRS or NRS 33.035, and there is reason to believe that the obligor-parent has income from some source which may be subject to an assignment.
2. An assignment or withholding of income pursuant to chapter 31A of NRS or NRS 33.035 would not be sufficient to meet the obligation of the support of a child for reasons other than a change of circumstances which would qualify for a reduction in the amount of the support ordered.
3. The history of employment of the obligor-parent makes an assignment or withholding of income pursuant to chapter 31A of NRS or NRS 33.035 difficult to enforce or not a practical means for securing the payment of the obligation of support. Such a history may be evidenced by such conditions as multiple, concurrent or consecutive employers.
(Added to NRS by 1989, 857; A 1997, 2301; 2003, 1756)
2023 Nevada Revised Statutes › Chapter 125B - Obligation of Support › NRS 125B.250 - Assets subject to order for deposit; use of performance bond in lieu of other assets.

1. In determining which assets of the obligor-parent are to be subject to an order issued pursuant to NRS 125B.210, the court shall give priority to cash, then to other assets which have maximum liquidity and are readily convertible into cash. In all instances, the deposited assets must:
(a) Not be exempt by law from execution; and
(b) Whenever possible, be equal in value to not less than the amount of current arrearages of the obligor-parent and the amount of the annual amount of support ordered.
2. In lieu of depositing money or other assets as provided in subsection 1, the obligor-parent may, upon approval of the court, provide a performance bond secured by any real property or other assets of the obligor-parent and equal in value to the annual amount of support ordered and the amount of current arrearages.
(Added to NRS by 1989, 857)
2023 Nevada Revised Statutes › Chapter 125B - Obligation of Support › NRS 125B.260 - Ex parte order restraining disposition of property during pendency of proceedings.

1. During the pendency of any proceeding pursuant to NRS 125B.210, upon the motion of any party, the court may, without a hearing, issue ex parte orders restraining any person from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community or separate, except in the usual course of business or for such necessities of life as are deemed not to be extraordinary expenditures.
2. If an ex parte order is directed against a party, the court shall require the party to account to the court for all extraordinary expenditures.
3. The ex parte order must be made returnable not later than 25 days after the date of the order. At the hearing the court shall determine for which property the obligor-parent is required to report extraordinary expenditures and shall specify what is deemed an extraordinary expenditure for the purposes of this section.
4. Any ex parte order must state on its face the date of expiration of the order. The order expires 1 year after it is issued or upon deposit of assets or money pursuant to NRS 125B.210, whichever occurs first.
(Added to NRS by 1989, 858)
2023 Nevada Revised Statutes › Chapter 125B - Obligation of Support › NRS 125B.270 - Limitation on liability of trustee.

A trustee designated by the court to be responsible for receiving any money or property or for making any disbursements pursuant to NRS 125B.210, is not liable for any action undertaken in good faith and in conformance with NRS 125B.200 to 125B.300, inclusive.
(Added to NRS by 1989, 858)
2023 Nevada Revised Statutes › Chapter 125B - Obligation of Support › NRS 125B.280 - Return of assets to obligor-parent; procedure for return of particular types of property.

1. The trustee designated by the court to receive assets pursuant to NRS 125B.210 shall return any assets to the obligor-parent when:
(a) The obligor-parent has given the trustee notice to return assets;
(b) All payments in arrears have been paid in full; and
(c) The obligor-parent has made, in a timely manner, all payments of support ordered for the 12 months immediately preceding the date notice was given to the trustee.
2. If the deposited assets include real property, upon the satisfaction of the requirements of subsection 1, the trustee shall prepare a release and record it in the office of the county recorder.
3. If the deposited assets include personal property or fixtures including goods, documents, instruments, general intangibles, chattel paper or accounts, the trustee shall, upon the satisfaction of the requirements of subsection 1, prepare a termination statement and file it in accordance with NRS 104.9513.
4. If the deposited assets include a vehicle registered with the Department of Motor Vehicles, the trustee shall, upon the satisfaction of the requirements of subsection 1, deliver the certificate of title to the obligor-parent in accordance with NRS 482.431.
(Added to NRS by 1989, 858; A 1999, 392; 2001, 2565; 2003, 180, 476)
2023 Nevada Revised Statutes › Chapter 125B - Obligation of Support › NRS 125B.300 - Recovery of unreimbursed fees and costs of trustee.

1. If the trustee designated by the court to receive assets pursuant to NRS 125B.210, incurs fees or costs which are not compensated by the deduction authorized pursuant to NRS 125B.210, the court:
(a) Shall hold a hearing not later than 20 days after the obligor-parent is served by the trustee with notice of a motion or order to show cause; and
(b) May order the obligor-parent to pay reasonable fees and costs.
2. A fee or cost incurred:
(a) In any sale of assets pursuant to NRS 125B.210; or
(b) In the preparation of a statement pursuant to NRS 125B.290,
is recoverable as set forth in this section.
(Added to NRS by 1989, 858)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.001 - State policy.

The Legislature declares that it is the policy of this State:
1. To ensure that minor children have frequent associations and a continuing relationship with both parents after the parents have ended their relationship, become separated or dissolved their marriage;
2. To encourage such parents to share the rights and responsibilities of child rearing; and
3. To establish that such parents have an equivalent duty to provide their minor children with necessary maintenance, health care, education and financial support. As used in this subsection, "equivalent" must not be construed to mean that both parents are responsible for providing the same amount of financial support to their children.
(Added to NRS by 2015, 2581)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0015 - Parents have joint custody until otherwise ordered by court.

1. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.
2. If a court has not made a determination regarding the custody of a child, each parent has joint legal custody and joint physical custody of the child until otherwise ordered by a court of competent jurisdiction.
(Added to NRS by 2015, 2582)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 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.
(Added to NRS by 2015, 2582)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › 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.
(Added to NRS by 2015, 2582)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.003 - Best interests of child: Primary physical custody; presumptions; child born out of wedlock.

1. A court may award primary physical custody to a parent if the court determines that joint physical custody is not in the best interest of a child. An award of joint physical custody is presumed not to be in the best interest of the child if:
(a) The court determines by substantial evidence that a parent is unable to adequately care for a minor child for at least 146 days of the year;
(b) A child is born out of wedlock and the provisions of subsection 2 are applicable; or
(c) Except as otherwise provided in subsection 6 of NRS 125C.0035 or NRS 125C.210, there has been a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that a parent has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child. The presumption created by this paragraph is a rebuttable presumption.
2. A court may award primary physical custody of a child born out of wedlock to:
(a) The mother of the child if:
(1) The mother has not married the father of the child;
(2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered; and
(3) The father of the child:
(I) Is not subject to any presumption of paternity under NRS 126.051;
(II) Has never acknowledged paternity pursuant to NRS 126.053; or
(III) Has had actual knowledge of his paternity but has abandoned the child.
(b) The father of the child if:
(1) The mother has abandoned the child; and
(2) The father has provided sole care and custody of the child in her absence.
3. As used in this section:
(a) "Abandoned" means that a mother or father has:
(1) Failed, for a continuous period of not less than 6 months, to provide substantial personal and economic support to the child; or
(2) Knowingly declined, for a continuous period of not less than 6 months, to have any meaningful relationship with the child.
(b) "Expedited process" has the meaning ascribed to it in NRS 126.161.
(Added to NRS by 2015, 2582)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.004 - Award of custody to person other than parent.

1. Before the court makes an order awarding custody to any person other than a parent, without the consent of the parents, it shall make a finding that an award of custody to a parent would be detrimental to the child and the award to a nonparent is required to serve the best interest of the child.
2. No allegation that parental custody would be detrimental to the child, other than a statement of that ultimate fact, may appear in the pleadings.
3. The court may exclude the public from any hearing on this issue.
(Added to NRS by 2015, 2585)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.005 - Plan for carrying out court’s order; access to child’s records.

1. The court may, when appropriate, require the parents to submit to the court a plan for carrying out the court’s order concerning custody.
2. Access to records and other information pertaining to a minor child, including, without limitation, medical, dental and school records, must not be denied to a parent for the reason that the parent is not the child’s custodial parent.
(Added to NRS by 2015, 2587)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0055 - Order for production of child before court; determinations concerning physical custody of child.

1. If, during any action for determining the custody of a minor child, either before or after the entry of a final order concerning the custody of a minor child, it appears to the court that any minor child of either party has been, or is likely to be, taken or removed out of this State or concealed within this State, the court shall forthwith order such child to be produced before it and make such disposition of the child’s custody as appears most advantageous to and in the best interest of the child and most likely to secure to him or her the benefit of the final order or the modification or termination of the final order to be made in his or her behalf.
2. If, during any action for determining the custody of a minor child, either before or after the entry of a final order concerning the custody of a minor child, the court finds that it would be in the best interest of the minor child, the court may enter an order providing that a party may, with the assistance of the appropriate law enforcement agency, obtain physical custody of the child from the party having physical custody of the child. The order must provide that if the party obtains physical custody of the child, the child must be produced before the court as soon as practicable to allow the court to make such disposition of the child’s custody as appears most advantageous to and in the best interest of the child and most likely to secure to him or her the benefit of the final order or the modification or termination of the final order to be made in his or her behalf.
3. If the court enters an order pursuant to subsection 2 providing that a party may obtain physical custody of a child, the court shall order that party to give the party having physical custody of the child notice at least 24 hours before the time at which he or she intends to obtain physical custody of the child, unless the court deems that requiring the notice would likely defeat the purpose of the order.
4. All orders for a party to appear with a child issued pursuant to this section may be enforced by issuing a warrant of arrest against that party to secure his or her appearance with the child.
5. A proceeding under this section must be given priority on the court calendar.
(Added to NRS by 2015, 2587)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.006 - Consent required from noncustodial parent to relocate child when primary physical custody established; petition for permission from court; attorney’s fees and costs.

1. If primary physical custody has been established pursuant to an order, judgment or decree of a court and the custodial parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the custodial parent desires to take the child with him or her, the custodial parent shall, before relocating:
(a) Attempt to obtain the written consent of the noncustodial parent to relocate with the child; and
(b) If the noncustodial parent refuses to give that consent, petition the court for permission to relocate with the child.
2. The court may award reasonable attorney’s fees and costs to the custodial parent if the court finds that the noncustodial parent refused to consent to the custodial parent’s relocation with the child:
(a) Without having reasonable grounds for such refusal; or
(b) For the purpose of harassing the custodial parent.
3. A parent who relocates with a child pursuant to this section without the written consent of the noncustodial parent or the permission of the court is subject to the provisions of NRS 200.359.
(Added to NRS by 1987, 1444; A 1999, 737; 2015, 2589)—(Substituted in revision for NRS 125C.200)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0065 - Consent required from non-relocating parent to relocate child when joint physical custody established; petition for primary physical custody; attorney’s fees and costs.

1. If joint physical custody has been established pursuant to an order, judgment or decree of a court and one parent intends to relocate his or her residence to a place outside of this State or to a place within this State that is at such a distance that would substantially impair the ability of the other parent to maintain a meaningful relationship with the child, and the relocating parent desires to take the child with him or her, the relocating parent shall, before relocating:
(a) Attempt to obtain the written consent of the non-relocating parent to relocate with the child; and
(b) If the non-relocating parent refuses to give that consent, petition the court for primary physical custody for the purpose of relocating.
2. The court may award reasonable attorney’s fees and costs to the relocating parent if the court finds that the non-relocating parent refused to consent to the relocating parent’s relocation with the child:
(a) Without having reasonable grounds for such refusal; or
(b) For the purpose of harassing the relocating parent.
3. A parent who relocates with a child pursuant to this section before the court enters an order granting the parent primary physical custody of the child and permission to relocate with the child is subject to the provisions of NRS 200.359.
(Added to NRS by 2015, 2588)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.007 - Petition for permission to relocate; factors to be weighed by court.

1. In every instance of a petition for permission to relocate with a child that is filed pursuant to NRS 125C.006 or 125C.0065, the relocating parent must demonstrate to the court that:
(a) There exists a sensible, good-faith reason for the move, and the move is not intended to deprive the non-relocating parent of his or her parenting time;
(b) The best interests of the child are served by allowing the relocating parent to relocate with the child; and
(c) The child and the relocating parent will benefit from an actual advantage as a result of the relocation.
2. If a relocating parent demonstrates to the court the provisions set forth in subsection 1, the court must then weigh the following factors and the impact of each on the child, the relocating parent and the non-relocating parent, including, without limitation, the extent to which the compelling interests of the child, the relocating parent and the non-relocating parent are accommodated:
(a) The extent to which the relocation is likely to improve the quality of life for the child and the relocating parent;
(b) Whether the motives of the relocating parent are honorable and not designed to frustrate or defeat any visitation rights accorded to the non-relocating parent;
(c) Whether the relocating parent will comply with any substitute visitation orders issued by the court if permission to relocate is granted;
(d) Whether the motives of the non-relocating parent are honorable in resisting the petition for permission to relocate or to what extent any opposition to the petition for permission to relocate is intended to secure a financial advantage in the form of ongoing support obligations or otherwise;
(e) Whether there will be a realistic opportunity for the non-relocating parent to maintain a visitation schedule that will adequately foster and preserve the parental relationship between the child and the non-relocating parent if permission to relocate is granted; and
(f) Any other factor necessary to assist the court in determining whether to grant permission to relocate.
3. A parent who desires to relocate with a child pursuant to NRS 125C.006 or 125C.0065 has the burden of proving that relocating with the child is in the best interest of the child.
(Added to NRS by 2015, 2588)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0075 - Unlawful relocation with child; attorney’s fees and costs.

If a parent with primary physical custody or joint physical custody relocates with a child in violation of NRS 200.359:
1. The court shall not consider any post-relocation facts or circumstances regarding the welfare of the child or the relocating parent in making any determination.
2. If the non-relocating parent files an action in response to the violation, the non-relocating parent is entitled to recover reasonable attorney’s fees and costs incurred as a result of the violation.
(Added to NRS by 2015, 2589)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.008 - Summary proceeding for custody: Conditions.

An action to determine custody of a child may be brought by the summary proceeding set forth in NRS 125C.008 to 125C.0087, inclusive, when all of the following conditions exist at the time the summary proceeding is commenced:
1. A court has jurisdiction pursuant to chapter 125A of NRS.
2. The parties have executed an agreement as to the custody of the child, which must specify, without limitation, the custody, medical or other care, education, maintenance and support of the child.
3. The use of the summary proceeding set forth in NRS 125C.008 to 125C.0087, inclusive, is in the best interest of the child.
4. The agreement of the parties defines the rights and duties of the parties with sufficient particularity to ensure that these rights and duties can be properly enforced and that the best interest of the child is achieved. As used in this subsection, "sufficient particularity" means a statement of the rights in absolute terms and not by the use of the term "reasonable" or any other similar term which is susceptible to different interpretations by the parties.
5. The agreement is in accordance with the provisions of chapter 125A of NRS and NRS 125C.0045 and any other provision of law governing the custody of a child.
6. The parties waive their respective rights to written notice of the order determining custody of the child, to appeal, to request findings of facts and conclusions of law and to move for a new trial.
7. The parties desire that the court enter an order that determines the custody of the child.
(Added to NRS by 2023, 469)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0083 - Summary proceeding for custody: Commencement of action; contents of petition.

1. A summary proceeding to determine the custody of a child may be commenced by filing in any district court a joint petition, signed under oath by both parties, stating that as of the date of filing, every condition set forth in NRS 125C.008 has been met.
2. The petition must also provide the information required pursuant to NRS 125A.385.
3. The agreement pursuant to NRS 125C.008 of which the parties wish the court to approve or make a part of the order must be included in the petition or identified and attached to the petition as an exhibit.
(Added to NRS by 2023, 469)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0085 - Summary proceeding for custody: Termination of summary proceeding by revocation of petition.

1. At any time before the entry of an order to determine the custody of a child, either party to a joint petition filed pursuant to NRS 125C.0083 may revoke the joint petition and thereby terminate the summary proceeding to determine the custody of the child.
2. The revocation may be effected by filing a notice of revocation with the clerk of the court in which the summary proceeding was commenced.
3. The revoking party shall send a copy of the notice of revocation to the other party by first-class mail, postage prepaid, at his or her last known address.
(Added to NRS by 2023, 470)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0087 - Summary proceeding for custody: Entry of order.

1. Entry of an order upon a petition for a summary proceeding for a determination of the custody of a child constitutes an adjudication of the rights and obligations of the parties regarding the custody, care, education, maintenance and support of the child and the respective rights of the parties to written notice of entry of the order, to appeal, to request findings of facts and conclusions of law and to move for a new trial.
2. An order entered pursuant to this section does not prejudice or bar the rights of either party to petition a court to modify or vacate the order pursuant to NRS 125C.0045 or any other provision of law.
(Added to NRS by 2023, 470)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0089 - Applicability of Nevada Rules of Civil Procedure.

Except as otherwise provided in NRS 125C.008 to 125C.0087, inclusive, the proceedings, pleadings and practice must conform to the Nevada Rules of Civil Procedure as nearly as conveniently as possible, but all preliminary and final orders may be in such form as best effects the object of this chapter and produces substantial justice.
(Added to NRS by 2023, 469)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.010 - Order awarding visitation rights must define rights with particularity and specify habitual residence of child.

1. Any order awarding a party a right of visitation of a minor child must:
(a) Define that right with sufficient particularity to ensure that the rights of the parties can be properly enforced and that the best interest of the child is achieved; and
(b) Specify that the State of Nevada or the state where the child resides within the United States of America is the habitual residence of the child.
The order must include all specific times and other terms of the right of visitation.
2. As used in this section, "sufficient particularity" means a statement of the rights in absolute terms and not by the use of the term "reasonable" or other similar term which is susceptible to different interpretations by the parties.
(Added to NRS by 1993, 2137; A 1995, 1493, 2289)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.020 - Rights of noncustodial parent: Additional visits to compensate for wrongful deprivation of right to visit.

1. In a dispute concerning the rights of a noncustodial parent to visit his or her child, the court may, if it finds that the noncustodial parent is being wrongfully deprived of his or her right to visit, enter a judgment ordering the custodial parent to permit additional visits to compensate for the visit of which the noncustodial parent was deprived.
2. An additional visit must be:
(a) Of the same type and duration as the wrongfully denied visit;
(b) Taken within 1 year after the wrongfully denied visit; and
(c) At a time chosen by the noncustodial parent.
3. The noncustodial parent must give the court and the custodial parent written notice of his or her intention to make the additional visit at least 7 days before the proposed visit if it is to be on a weekday or weekend and at least 30 days before the proposed visit if it is to be on a holiday or vacation.
(Added to NRS by 1985, 1892)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.030 - Imprisonment for contempt for failure to comply with judgment ordering additional visit.

1. A custodial parent who fails to comply with a judgment ordering an additional visit may, upon a judgment of the court, be found guilty of contempt and sentenced to imprisonment in the county jail. During the period of imprisonment, the court may authorize his or her temporary release from confinement during such hours and under such supervision as the court determines are necessary to allow the custodial parent to go to and return from his or her place of employment.
2. A custodial parent imprisoned for contempt pursuant to subsection 1 must be released from the jail if the court has reasonable cause to believe that the custodial parent will comply with the order for the additional visit.
(Added to NRS by 1985, 1892)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.040 - Imprisonment for contempt: Violation of condition; failure to return when required.

1. If a custodial parent is imprisoned for contempt pursuant to NRS 125C.030 and violates any condition of that imprisonment, the court may:
(a) Require that the custodial parent be confined to the county jail for the remaining period of his or her sentence; and
(b) Deny the custodial parent the privilege of a temporary release from confinement for his or her employment.
2. A custodial parent, imprisoned for contempt, who fails to return to the jail at the time required by the court after being temporarily released from confinement for his or her employment, may be deemed to have escaped from custody and, if so, the custodial parent is guilty of a misdemeanor.
(Added to NRS by 1985, 1892)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0603 - Definitions.

As used in NRS 125C.0601 to 125C.0693, inclusive, unless the context otherwise requires, the words and terms defined in NRS 125C.0605 to 125C.0639, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2013, 762; A 2017, 738)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0609 - "Child" defined.

"Child" means:
1. An unemancipated minor who has not attained 18 years of age; or
2. An adult son or daughter by birth or adoption, or under the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive, who is the subject of an existing court order concerning custodial responsibility.
(Added to NRS by 2013, 763)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0615 - "Custodial responsibility" defined.

"Custodial responsibility" is a comprehensive term that includes any and all powers and duties relating to caretaking authority and decision-making authority for a child. The term includes custody, physical custody, legal custody, parenting time, right to access, visitation and the authority to designate limited contact with a child.
(Added to NRS by 2013, 763)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0617 - "Decision-making authority" defined.

"Decision-making authority" means the power to make important decisions regarding a child, including decisions regarding the child’s education, religious training, health care, extracurricular activities and travel. The term does not include day-to-day decisions that necessarily accompany a grant of caretaking authority.
(Added to NRS by 2013, 763)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0619 - "Deploying parent" defined.

"Deploying parent" means a service member or civilian employee who is deployed or has been notified of impending deployment, and is:
1. A parent of a child under the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive; or
2. A person other than a parent who has custodial responsibility of a child under the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive.
(Added to NRS by 2013, 763; A 2017, 738)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0621 - "Deployment" defined.

"Deployment" means the movement or mobilization of a service member or civilian employee to a location for more than 90 days but less than 18 months pursuant to an official order that:
1. Is designated as unaccompanied;
2. Does not authorize dependent travel; or
3. Otherwise does not permit the movement of family members to that location.
(Added to NRS by 2013, 763; A 2017, 738)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0623 - "Family member" defined.

"Family member" includes a sibling, aunt, uncle, cousin, stepparent or grandparent of a child, and a person recognized to be in a familial relationship with a child under the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive.
(Added to NRS by 2013, 763)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0629 - "Other parent" defined.

"Other parent" means a person who, in common with a deploying parent, is:
1. The parent of a child under the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive; or
2. A person other than a parent with custodial responsibility of a child under the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive.
(Added to NRS by 2013, 763)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0639 - "Uniformed service" defined.

"Uniformed service" means:
1. Active and reserve components of the Army, Navy, Air Force, Marine Corps or Coast Guard of the United States;
2. The Merchant Marine, the Commissioned Corps of the Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States; or
3. The National Guard.
(Added to NRS by 2013, 764)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0641 - Jurisdiction.

1. A court may issue an order regarding custodial responsibility under NRS 125C.0601 to 125C.0693, inclusive, only if the court has jurisdiction pursuant to chapter 125A of NRS. If the court has issued a temporary order regarding custodial responsibility pursuant to NRS 125C.0659 to 125C.0677, inclusive, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 125A of NRS during the deployment.
2. If a court has issued a permanent order regarding custodial responsibility before notice of deployment and the parents modify that order temporarily by agreement pursuant to NRS 125C.0649 to 125C.0657, inclusive, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 125A of NRS.
3. If a court in another state has issued a temporary order regarding custodial responsibility as a result of impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of chapter 125A of NRS.
4. This section does not prohibit the exercise of temporary emergency jurisdiction by a court under chapter 125A of NRS.
(Added to NRS by 2013, 764)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0643 - Notice required of deploying parent.

1. Except as otherwise provided in subsection 4, and subject to subsection 3, a deploying parent shall notify in a record the other parent of a pending deployment not later than 7 days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent such notification within 7 days, such notification must be made as soon as reasonably possible thereafter.
2. Except as otherwise provided in subsection 4, and subject to subsection 3, each parent shall in a record provide the other parent with a plan for fulfilling that parent’s share of custodial responsibility during deployment as soon as reasonably possible after receiving notice of deployment under subsection 1.
3. If an existing court order prohibits disclosure of the address or contact information of the other parent, a notification of deployment under subsection 1, or notification of a plan for custodial responsibility during deployment under subsection 2, may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.
4. Notice in a record is not required if the parents are living in the same residence and there is actual notice of the deployment or plan.
5. In a proceeding regarding custodial responsibility between parents, a court may consider the reasonableness of a parent’s efforts to comply with this section.
(Added to NRS by 2013, 764)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0645 - Duty to notify of change of address.

1. Except as otherwise provided in subsection 2, a person to whom custodial responsibility has been assigned or granted during deployment pursuant to NRS 125C.0649 to 125C.0677, inclusive, shall notify the deploying parent and any other person with custodial responsibility of any change of mailing address or residence until the assignment or grant is terminated. The person shall provide the notice to any court that has issued an existing custody or child support order concerning the child.
2. If an existing court order prohibits disclosure of the address or contact information of a person to whom custodial responsibility has been assigned or granted, a notification of change of mailing address or residence under subsection 1 may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the person to whom custodial responsibility has been assigned or granted.
(Added to NRS by 2013, 765)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0647 - General considerations in custody proceeding of parent’s military service.

In a proceeding for custodial responsibility of a child of a service member or civilian employee, a court may not consider a parent’s past deployment or possible future deployment in itself in determining the best interest of the child, but may consider any significant impact on the best interest of the child of the parent’s past or possible future deployment.
(Added to NRS by 2013, 765; A 2017, 738)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0649 - Form of agreement.

1. The parents of a child may enter into a temporary agreement granting custodial responsibility during deployment.
2. An agreement under subsection 1 must be:
(a) In writing; and
(b) Signed by both parents and any nonparent to whom custodial responsibility is granted.
3. An agreement under subsection 1 may:
(a) Identify to the extent feasible the destination, duration and conditions of the deployment that is the basis for the agreement;
(b) Specify the allocation of caretaking authority among the deploying parent, the other parent and any nonparent, if applicable;
(c) Specify any decision-making authority that accompanies a grant of caretaking authority;
(d) Specify any grant of limited contact to a nonparent;
(e) If the agreement shares custodial responsibility between the other parent and a nonparent, or between two nonparents, provide a process to resolve any dispute that may arise;
(f) Specify the frequency, duration and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact and allocation of any costs of communications;
(g) Specify the contact between the deploying parent and child during the time the deploying parent is on leave or is otherwise available;
(h) Acknowledge that any party’s existing child support obligation cannot be modified by the agreement and that changing the terms of the obligation during deployment requires modification in the appropriate court;
(i) Provide that the agreement terminates following the deploying parent’s return from deployment according to the procedures under NRS 125C.0679 to 125C.0685, inclusive; and
(j) If the agreement must be filed pursuant to NRS 125C.0657, specify which parent shall file the agreement.
(Added to NRS by 2013, 765)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0651 - Nature of authority created by agreement.

1. An agreement under NRS 125C.0649 to 125C.0657, inclusive, is temporary and terminates pursuant to NRS 125C.0679 to 125C.0685, inclusive, following the return from deployment of the deployed parent, unless the agreement has been terminated before that time by court order or modification of the agreement under NRS 125C.0653. The agreement derives from the parents’ custodial responsibility and does not create an independent, continuing right to caretaking authority, decision-making authority or limited contact in a person to whom custodial responsibility is given.
2. A nonparent given caretaking authority, decision-making authority or limited contact by an agreement under NRS 125C.0649 to 125C.0657, inclusive, has standing to enforce the agreement until it has been terminated pursuant to an agreement of the parents under NRS 125C.0653, under NRS 125C.0679 to 125C.0685, inclusive, or by court order.
(Added to NRS by 2013, 766)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0653 - Modification of agreement.

1. The parents may modify an agreement regarding custodial responsibility made pursuant to NRS 125C.0649 to 125C.0657, inclusive, by mutual consent.
2. If an agreement is modified under subsection 1 before deployment of a deploying parent, the modification must be in writing and signed by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
3. If an agreement is modified under subsection 1 during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any nonparent who will exercise custodial responsibility under the modified agreement.
(Added to NRS by 2013, 766)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0655 - Power of attorney.

If no other parent possesses custodial responsibility under the laws of this State other than NRS 125C.0601 to 125C.0693, inclusive, or if an existing court order prohibits contact between the child and the other parent, a deploying parent, by power of attorney, may delegate all or part of custodial responsibility to an adult nonparent for the period of deployment. The power of attorney is revocable by the deploying parent through a revocation of the power of attorney signed by the deploying parent.
(Added to NRS by 2013, 766)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0657 - Filing agreement or power of attorney with court.

An agreement or power of attorney made under NRS 125C.0649 to 125C.0655, inclusive, must be filed within a reasonable period of time with any court that has entered an existing order on custodial responsibility or child support concerning the child. The case number and heading of the existing case concerning custodial responsibility or child support must be provided to the court with the agreement or power of attorney.
(Added to NRS by 2013, 766)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0659 - Proceeding for temporary custody order.

1. After a deploying parent receives notice of deployment and during the deployment, a court may issue a temporary order granting custodial responsibility unless prohibited by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. §§ 521-522. A court may not issue a permanent order granting custodial responsibility without the consent of the deploying parent.
2. At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding custodial responsibility of a child during deployment. The motion must be filed in an existing proceeding for custodial responsibility of the child with jurisdiction under NRS 125C.0641 or, if there is no existing proceeding in a court with jurisdiction under NRS 125C.0641, in a new action for granting custodial responsibility during deployment.
(Added to NRS by 2013, 766)
2023 Nevada Revised Statutes › Chapter 125C - Custody and Visitation › NRS 125C.0663 - Testimony by electronic means.

In a proceeding brought under NRS 125C.0659 to 125C.0677, inclusive, a party or witness who is not reasonably available to appear personally may appear and provide testimony and present evidence by electronic means unless the court finds good cause to require a personal appearance.
(Added to NRS by 2013, 767)