State of Nevada Self-Help Center - Enforce Custody & Visitation (2024)

If a parent is violating a custody order, there are different options available to get the court's help. Read this section for more information about the ways to handle custody violations.

CAUTION!

If you have a custody order from another state that the other party will not obey and the child is in Nevada, there is a different process to get the child back. Please visit Enforcing Out-of-State Orders for more information on that process.

When a parent violates a Nevada custody or visitation order, there are two main options available to get the court's help:

  1. File a Motion To Enforce Custody and Visitation: When you simply want the other parent to obey the custody and visitation order, you can file a Motion to Enforce Custody and Visitation. The judge will have you both appear in court to find out why the visitation schedule is not being followed, and may award make-up time for anytime with the childrenthat was missed.You can request anemergency hearing to get the matter heard as quickly as possible.
  2. Request a "Pickup Order" To Have the Child Immediately Returned to You: When there is an emergency and you want the child returned to you right away,you can ask the court to give you a "Pickup Order" that awards you temporary sole custody. This is usually the kind of order law enforcement requires before they will get involved in enforcing visitation orders. These orders are only granted in true emergencies.

TIP!

You can also contact the Nevada State Advocate for Missing and Exploited Children for possible assistance in having the child returned to you. Visit Missing Children for more information.

Motion to Enforce Visitation or Custody

This kind of motion deals with custody and visitation issues only. The judge will have you both appear in court to find out why the custody and visitation schedule are not being followed, and may award make-up time for anytime with the childrenthat was missed.

1. Fill Out & File The Papers

To get your case on the judge's calendar, you must fill outthe following documents and file them with the court:

Emergency Motion to Enforce Visitation and/or Custody (pdf)

Motion / Opposition Fee Information Sheet (pdf)(There is typically a $25 filing fee due when you file your motion. If you originally got a divorce by filing a Joint Petition for Divorce, the Court will charge an additional $129 the first time you file a motion and reopen your case. This additional fee goes into effect July 1, 2015.)

You must file all of your documents with the court. Forinformation on how to file your documents, please visit Basics of Court Filings.

You will get a court date when you file this motion.

2. Submit the Emergency Request to the Judge

If you would like the judge to hear your case quickly because you want custody or visitation enforced immediately, you can submit an Order Shortening Time request to the judge. It will be up to the judge to decide whether the situation requires a hearing to be held quicker than the date originally given to you by the Clerk.

Fill out the Order Shortening Time, and bring it to the courthouse (or mail it). If bringing it in person, drop the order offin your judge's drop box on the 3rd floor of the family courthouse. The judge's staff will let you know by mail or by phone if your request is approved or denied.

Order Shortening Time (to enforce custody / visitation) (pdf)

3. Serve the Other Party

Your next step is toserve the other party (by regular mail or through the court's e-filing system)with a copy of the documents you filed sothe other person knows what you are asking, when the judge will hear the matter, and that a response should be filed. It is up to YOU to make sure the other party is served; the court does not serve the papers for you! Be sure to serve the court-filed forms that include the filing date and the hearing date!

  • If the judge granted your Order Shortening Time, someoneelse will have to personally serve the other parent witha copy of all the documents you filed. Whoever serves the other parent must complete an Affidavit of Service which states when, where, and what documents were served. You must file the Affidavit of Service with the court before your hearing.

    Affidavit of Service (pdf) Affidavit of Service (pdf fillable)

  • Ifyour hearing is staying on the originally scheduled date, youmust serve a copy ofall the documents eitherby regular mail or through the court's e-filing system. Complete a Certificate of Service after you have served the documents so the judge knows when, how, and where the documents were served.If you are serving by mail but do not know where your ex-spouse lives, check with the court to find out what address the court has for the person. You are expected to mail the documents to any address the court has listed for the person, plus any other addresses where you think the person is living. File the Certificate of Service with the court.

Certificate of Service (pdf) Certificate of Service (pdf fillable)

4. Attend the Hearing

The judge will hear from both of you at the hearing and decide what to do. The judge may offer "makeup" visitation for you and the children. Let the judge know if you have a proposal forwhen you would like the children to make up for the time you lost.

Ex Parte Motion for a Pickup Order

When there is an emergency and you want the child returned to you immediately, you can ask the court to give you an "Ex Parte Pickup Order" that awards you temporary sole custody and gives you the ability to pick up the child. "Ex parte" means you are asking the judge for an order without having a hearing first. If granted,the judge will give you an order for custody that you can enforce without needing to appear in court. This is usually the kind of order law enforcement requires before they will get involved in enforcing visitation orders. You can also contact the Nevada State Advocate for Missing and Exploited Children for possible assistance in having the child returned to you. Visit Missing Children for more information.

This is reserved for true emergencies. If there is not an emergency, judges typically prefer that you file a Motion to Enforce Custody and Visitation and appear at a hearing first.

FYI!

An Ex Parte Motion for a Pickup Order should only be used if you already have a custody order from a Nevada court. If you have a custody order from another state that you need to enforce, please visit Enforcing Out-of-State Orders for information on how to get a Nevada court to assist in enforcing your order.

To ask the judge for a pickup order, complete the following two documents:

Ex Parte Motion for Return of Children (pdf)

Order for Return of Children (pdf)

Bring (or mail) both documents to the family courthouse. The Ex Parte Motion for Return of Children must be filed with the Clerk of Court either in person or online. Forinformation on how to file your documents, please visit Basics of Court Forms and Filings.

Next,submit the Order for Return of Children to the judge. Bring (or mail) the Order for Return of Children to the courthouse.If bringing it in person, drop the order offin your judge's drop box on the 3rd floor of the family courthouse.

The judge will review your documents. The judge's staff will let you know either by mail or by phone whether your order is approved or denied. If the order is approved, you can contact law enforcement for assistance in retrieving the child. If the order is denied, you may need to file a Motion to Enforce Visitation or Custodyso the judge can hear from both parents in court before deciding what to order.

State of Nevada Self-Help Center - Enforce Custody & Visitation (2024)

FAQs

Can police enforce a custody order in Nevada? ›

If the order is approved, you can contact law enforcement for assistance in retrieving the child. If the order is denied, you may need to file a Motion to Enforce Visitation or Custody so the judge can hear from both parents in court before deciding what to order.

What is the 30 30 rule in Nevada? ›

The “30/30 Rule” means that if a parent pays a medical expense for a child that is not paid by insurance, that parent must send proof of the expense to the other parent within 30 days of paying. The other parent then has 30 days to reimburse the paying parent 1⁄2 the cost.

What is a motion to enforce in Nevada? ›

Motion to Enforce Visitation or Custody. This motion tells the judge how the custody/visitation order is not being followed. The judge will have you both attend a court hearing and may award make-up time to a parent who has been denied time with the children.

At what age can a child refuse to see a parent in Nevada? ›

Age and Maturity: Key Factors in Visitation Decisions

In Nevada, a child is considered to reach maturity at 18. However, the court has discretion in visitation matters. It can apply to children of varying ages, depending on their maturity.

Can local police enforce a custody order? ›

There are steps you can take if you think the other parent will not follow a custody order. If they have already violated the order, you also have options. A court order has the force of law. This means it can be enforced by a judge or law enforcement.

What is an emergency order for custody in Nevada? ›

In Nevada, a petitioner who believes the child is in danger of abuse or neglect can seek an emergency custody order. The emergency order may be granted by a judge when there is clear and convincing evidence that the child's safety is at risk.

What is the rule 3.7 in Nevada? ›

Rule 3.7 - Lawyer as Witness (a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) The testimony relates to an uncontested issue; (2) The testimony relates to the nature and value of legal services rendered in the case; or (3) Disqualification of the ...

What is the 3 year rule in Nevada? ›

In Nevada, the medical malpractice statute of limitations deadline is three years after the injury or one year after you know or should know of the injury, whichever occurs first.

What is the 72 hour rule in Nevada? ›

Seventy-two-hour hearings in Nevada are where courts arraign defendants who are still in jail three judicial days after their arrest. Also called the “initial appearance,” 72-hour hearings are also where defendants or their criminal defense lawyers can ask the judge to lower the bail amount or grant O.R. release.

What is a rule 11 motion in Nevada? ›

Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions (a) Signature. Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name-or by a party personally if the party is unrepresented.

What is a rule 50 motion in Nevada? ›

Rule 50(a)(2) permits a motion for judgment as a matter of law at any time before the case is submitted to the jury, instead of at the close of the opposing party's evidence or at the close of the case. The rule is revised in its entirety.

What is a rule 60 motion in Nevada? ›

Rule 60. Relief From a Judgment or Order

(a) Corrections Based on Clerical Mistakes; Oversights and Omissions. The court may correct a clerical mistake or a mistake arising from oversight or omission whenever one is found in a judgment, order, or other part of the record.

At what age does a child need their own room legally in Nevada? ›

Rooms used by children for sleeping must have a minimum of 35 square feet per child and 3 feet of floor space between beds. Children of the opposite sex who are age 5 or older must not share a bedroom, and children over age 12 months must not sleep in the same room with an adult.

How long does a father have to be absent to lose his rights in Nevada? ›

9. How long does a father have to be absent to lose his rights? Courts can terminate your parental rights if you leave the child without provisions for the child's support and without communication for six months.

Can a child share a room with parents legally Nevada? ›

If a written recommendation by a provider of health care, psychologist, clinical social worker, clinical professional counselor or a child and family team is provided to the licensing authority, the licensing authority may authorize children who are 5 years of age or more to share a room or a child who is more than 12 ...

What is the Nevada law for child custody? ›

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. NRS 125C. 002 Joint legal custody.

What happens if you don t respond to child custody papers in Nevada? ›

The other parent can request a default Custody Decree in 21 days that matches everything requested in their complaint if you do not respond. If you disagree with even one thing the other parent is asking for, you will need to file a response.

What makes a parent unfit in Nevada? ›

“Unfit parent” is any parent of a child who, by reason of the parent's fault or habit or conduct toward the child or other persons, fails to provide such child with proper care, guidance and support. NRS 128.020 Jurisdiction of district courts.

Can I leave the state with my child if there is no custody agreement Nevada? ›

NRS 125C.

If the noncustodial parent will not provide written consent to move the child(ren) from the State, the custodial parent must file a motion for permission to relocate prior to moving as follows: Pursuant to Schwartz v. Schwartz, 107 Nev.

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