How to File for Custody in Nevada

Filing for custody in Nevada starts at the Family Division of the District Court in the county where you and your child live. The process looks different depending on whether you're filing as part of a divorce, establishing custody as an unmarried parent, or seeking to modify an existing order.

Here's the step-by-step process for each path.

Before You File: Residency Requirements

Two residency rules apply:

1. Divorce residency: At least one spouse must have lived in Nevada for six consecutive weeks (42 days) to file for divorce, verified by a notarized Affidavit of Resident Witness.

2. Custody jurisdiction: Your child must have lived in Nevada for at least six consecutive months for the court to have jurisdiction over custody matters under the UCCJEA (NRS Chapter 125A). If your child has been here less than six months, you can file for divorce, but the court cannot issue custody orders.

Path 1: Joint Petition (Both Parents Agree)

If you and the other parent agree on custody, you can file a Joint Petition. No hearing is required — a judge reviews the paperwork and signs the decree, typically within one to three weeks.

Documents to file:

• Joint Petition for Divorce (with children)
• Proposed Decree of Divorce
• Affidavit of Resident Witness
• Financial Disclosure Forms (both parents)
• Child Support Worksheets
• Proposed Parenting Plan
• UCCJEA Declaration
• Confidential Information Sheet (With Children)

Filing fees: Approximately $342 in Clark County, $284 in Washoe County, plus e-filing portal fees ($3.50 per transaction in Clark County).

Path 2: Complaint (Parents Disagree)

When parents don't agree, the filing parent submits a Complaint. This initiates the contested track with service deadlines, mandatory mediation, and potentially a trial.

Documents to file:

• Family Court Cover Sheet
• Complaint for Divorce (with children)
• Summons
• Joint Preliminary Injunction (JPI)
• UCCJEA Declaration
• Confidential Information Sheet (With Children)

Filing fees: Approximately $364 in Clark County, $284 in Washoe County.

After filing:

• Serve the other parent within 120 days via process server or sheriff
• The responding parent has 21 calendar days to file an Answer (filing fee: $217 in Clark County, $202 in Washoe County)
• Both parents must complete the COPE parenting class within 45 days of service

Path 3: Non-Divorce Custody Petition (Unmarried Parents)

Unmarried parents file a Petition to Establish Custody and Visitation rather than a divorce complaint. The process is similar to the contested track, with the same mediation and disclosure requirements.

Filing fees: $259 in Clark County, $255 in Washoe County.

For fathers, establishing paternity is a prerequisite. If paternity hasn't been legally established through a Voluntary Acknowledgment of Paternity or court order, the custody petition must include a paternity action.

Where to File

All filings go to the Family Division of the District Court in the county where the parties reside:

• Clark County: Eighth Judicial District Court, Family Division (e-file through Odyssey/eFileNV)
• Washoe County: Second Judicial District Court, Family Division (e-file through e-Flex)
• Other counties: File at the local District Court clerk's office

Fee Waivers

If you cannot afford filing fees, Nevada courts offer fee waiver applications. Eligibility is typically based on income at or below 150% of the Federal Poverty Guidelines or enrollment in public assistance programs.

What Comes After Filing

Once your case is filed, the court process follows a structured sequence — financial disclosures, the COPE parenting class, mediation through the Family Mediation Center, and potentially a Case Management Conference.

The Nevada Child Custody & Parenting Plan Guide walks you through each stage with filing checklists, parenting plan templates, and worksheets for calculating overnights and child support.

See more Nevada guides →