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CUSTODY, PATERNITY & CHILD SUPPORT

DISCLAIMER

The information provided is intended as a courtesy only.  Many family law matters involve complex and valuable legal rights which cannot adequately be protected without the assistance of an attorney.  The information provided is basic, general information that does not fit all situations.  It is the duty of each self-represented individual to know what rules of court and law apply. 

Clark County, the Eighth Judicial District Court, the Self-Help Center, and their employees shall not be liable for errors contained herein or for direct, indirect, special, or consequential damages in connection with the furnishing of this material.

GENERAL INFORMATION

There are two types of custody: (1) legal custody and (2) physical custody. Legal custody refers to a parent's ability to make decisions about important issues that affect his/her child such as: medical, educational, and religious issues.  Physical custody determines where the child will reside on any given day. 

For more information about custody in Nevada you can download the Center's Informational Custody Brochure.

PACKET INSTRUCTIONS

Below are the Self-Help Center's custody form packets. It is your duty to choose the correct packet.  The Self-Help Center staff is prohibited from instructing customers on which packet to use. 

To choose a packet please read the brief description of each packet.  If you are still unsure of which packet to use, open each packet and read at least the first two pages of the instructions. You may use a packet if all of the statements under the heading "Explanation" apply to your particular situation.  If all of the statements do not apply to your particular situation then that packet is not the correct packet.

All of the packets are in a PDF (Portable Document Format).  In order to view and use the packets you must have Adobe Acrobat Reader 5.1 or higher.  If you do not, you can download it for free by clicking here.

Please be sure to print all pages because missing pages may render your document unacceptable to the courts.

COMPLAINT PACKETS

Complaint to Establish/Confirm Paternity, Custody, Visitation, and Child Support - You may use these documents if you need to file a new case to establish custody, paternity, visitation, and child support. Use these documents only if you and the child's other parent were never married, and if you do not have a current custody order from Nevada or any other state.

ANSWER PACKETS

Answer to Complaint to Establish/Confirm Paternity, Custody, Visitation, and Child Support - This packet may be used if you want to file an Answer to the Plaintiff's Complaint but you DO NOT want to file a Counterclaim.

Answer and Counterclaim to Complaint to Establish/ Confirm Paternity, Custody, Visitation, and Child Support - this packet may be used if you want to file an Answer to the Plaintiff's Complaint and you ALSO want to file a Counterclaim.

REPLY PACKET

Reply to Counterclaim for Custody, Paternity, Visitation, and Child Support - This packet may be used if you want to reply to the Defendant's Counterclaim.

ORDER PACKETS

Final Custody Order - Use this packet if you need to have a final order establishing custody, paternity, visitation, and child support signed by the judge. 

Order That One Party Is Not The Father – if the judge has ruled that a party is not the father of a child, you may use the documents below to obtain a final order declaring the person not to be the father.

MOTION PACKETS

Ex Parte Motion for an Order Shortening Time - you may use this packet if you have already filed a motion, but there is an emergency and you want to ask the judge to hear your motion sooner than the date given.

Ex Parte Motion and Order for Return of Child ("Pickup Order") - This packet may be used if you have an existing custody or visitation order, the other party will not give you the child, and there is an emergency such that you need to have the child returned to you immediately.   This is an "ex parte" motion, meaning you are asking the judge to give you the order without a hearing.  Even if granted, the judge may set a hearing to follow up after you have retrieved the child.

 

Motion for Temporary Custody, Visitation, Child Support, Spousal Support, and/or Exclusive Possession - this motion may be used if you already have an open case, but no orders for custody, financial support, or exclusive possession of the residence have been issued yet. You will get a court date when you file these documents. After filing, you must serve the other party all of the documents. The other party can then file an Opposition. Both parties must attend the hearing date so the judge can make temporary orders.

Motion to Modify Custody, Visitation, and/or Child Support - this motion may be used if you already have a custody, visitation, or child support order, but you would like the order changed. You will get a court date when you file these documents. After filing, you must serve the other party all of the documents you filed. The other party can then file an Opposition. Both parties must attend the hearing so the judge can decide whether to change the existing order.

Motion for an Emergency Hearing to Enforce a Custody / Visitation Order -  this motion may be used if you have a custody or visitation order that is being violated, and you would like the judge to enforce the order.  You will need to file the motion and obtain a hearing date.  If you want the judge to hear your case sooner, you can submit the Order Shortening Time to the judge for consideration.  It is up to the judge whether to keep your hearing date as originally scheduled, or to move the hearing date sooner.  You must serve the other party with all the documents you file, and both parties must attend the hearing.

Motion to Set Aside Judgment or Order - You may use this motion if the judge issued a final order in your case, but you believe the order was obtained by mistake, excusable neglect, fraud, misrepresentation, or misconduct.  You will get a court date when you file these documents.  You must then serve the other party with all of the documents you filed.  The other party may file an Opposition.  Both parties must attend the hearing so the judge can decide whether the order in question should be set aside. 

Motion for an Order to Show Cause - You may use this motion if there is an existing order that the other party is not following.  This motion asks the judge to hold the other party in contempt of court.  You will get a court date when you file these documents.  After filing, you must serve the other party all of the documents.  The other party may file an Opposition.  Both parties must attend the hearing so the judge can decide whether to hold the other party in contempt. 


Motion to Quash Bench Warrant - You may use this motion if the Court has issued a Bench Warrant against you and you would like the Bench Warrant cancelled. You will get a court date when you file these documents. After filing, you must serve the other party with the motion, and if the District Attorney is involved, you must also serve the District Attorney.

Opposition to Motion for Temporary Custody, Visitation, Child Support, Spousal Support, and/or Exclusive Possession - If you have been served with a Motion for Temporary Custody, Visitation, Child Support, Spousal Support, and/or Exclusive Possession, and you would like to respond to the other party's claims, you may file this Opposition. After filing, you must serve the other party with all of the documents you filed. Both parties must attend the hearing so the judge can make temporary orders.

Opposition to Motion to Modify Custody, Visitation, and/or Child Support - If you have been served with a Motion to Modify Custody, Visitation, and/or Child Support, and you would like to respond to the other party's claims, you may file this Opposition. After filing, you must serve the other party with all of the documents you filed. Both parties must attend the hearing so the judge can decide whether to change the existing order.

Application and Order to Appoint a Guardian Ad Litem - if either the mother or a father in a case is under the age of 18, an adult must be appointed to represent the person's interests.  This packet is meant to be used when someone under the age of 18 needs to file or respond to a custody or paternity case. 

 

 

 

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200 Lewis Avenue
Las Vegas, NV 89155

Family Courts and Services Center
601 N. Pecos
Las Vegas, NV 89155

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