CHILD CUSTODY AND VISITATION AGREEMENT

(State of Nevada – NRS-Compliant)

[// GUIDANCE: This template reflects Nevada statutory requirements current through the 2023 Regular Session. Customize all bracketed items and confirm local court rules before filing.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
      3.1 Legal Custody
      3.2 Physical Custody & Parenting Schedule
      3.3 Holiday & School-Break Schedule
      3.4 Transportation & Exchanges
      3.5 Communication & Technology Access
      3.6 Decision-Making Protocols
      3.7 Relocation
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Title & Parties
This Child Custody and Visitation Agreement (this “Agreement”) is entered into by and between [Parent A Full Legal Name] (“Parent A”) and [Parent B Full Legal Name] (“Parent B,” and together with Parent A, the “Parties”) with respect to the minor child(ren) identified below (each, a “Child,” and collectively, the “Children”):

• [Child 1 Full Legal Name | DOB]
• [Child 2 Full Legal Name | DOB]
• (Add lines as necessary).

1.2 Recitals
A. The Parties are the biological/legal parents of the Children.
B. The Parties desire to set forth a comprehensive custody and visitation plan that serves the Children’s best interests pursuant to Nev. Rev. Stat. § 125C.0035.
C. The Parties acknowledge that any custody order must be approved by the Eighth Judicial District Court, Family Division (or other court of competent jurisdiction) (“Family Court”).

1.3 Effective Date & Jurisdiction
This Agreement is effective as of [Effective Date] and shall be governed by the laws of the State of Nevada. Venue for any proceeding arising hereunder shall be the [County] County Family Court.

2. DEFINITIONS

For ease of reference, capitalized terms shall have the meanings set forth below:

“Agreement” has the meaning set forth in Section 1.1.
“Best Interest Factors” means the factors enumerated in NRS 125C.0035(4).
“Children” has the meaning set forth in Section 1.1.
“Court” means the Nevada district court exercising family-law jurisdiction.
“Custodial Exchange” means the physical transfer of a Child from one Parent to the other.
“Legal Custody” means the right and obligation to make major decisions regarding a Child’s health, education, and welfare.
“Parenting Time” means periods during which a Parent has physical care of a Child.
“Relocation” has the meaning given in NRS 125C.0065(1).
“Right of First Refusal” has the meaning set forth in Section 3.2(f).
“School Break” means any recess exceeding two (2) consecutive school days.

[// GUIDANCE: Add/modify definitions as needed to fit the Parties’ circumstances.]

3. OPERATIVE PROVISIONS

3.1 Legal Custody

The Parties shall share Joint Legal Custody. All major decisions shall be made jointly and in good faith, mindful of the Best Interest Factors. Neither Parent may unreasonably withhold consent to a major decision proposed by the other.

3.2 Physical Custody & Parenting Schedule

a. Custody Designation. The Parties shall share Joint Physical Custody pursuant to NRS 125C.0025, such that each Parent exercises Parenting Time [approximately equal | specify %] annually.

b. Week-On/Week-Off Schedule (example).
• Parent A: Monday 9:00 a.m. of Week 1 through Monday 9:00 a.m. of Week 2.
• Parent B: Monday 9:00 a.m. of Week 2 through Monday 9:00 a.m. of Week 3.
(Insert or replace with any agreed pattern.)

c. Infant/Toddler Schedule. If any Child is under age three (3), the Parties shall follow [Attachment 1] until the Child’s third birthday, after which the standard schedule shall apply.

d. Exchange Location. Custodial Exchanges shall occur at [Location] unless otherwise agreed in writing at least 24 hours in advance.

e. Tardiness. A Parent arriving more than [15] minutes late without reasonable notice is in default under Section 6.

f. Right of First Refusal. If either Parent requires alternate childcare for a continuous period exceeding [8] hours during his/her Parenting Time, that Parent shall first offer said time to the other Parent. Acceptance or rejection shall be confirmed in writing (text or email).

3.3 Holiday & School-Break Schedule

The Holiday Schedule supersedes the regular Parenting Schedule. Holidays begin at [Time] on the first day listed and end at [Time] on the last.

Odd-Numbered Years (e.g., 2025)
• New Year’s Day – Parent A
• Spring Break – Parent B
• Thanksgiving – Parent A
• Christmas Eve – Parent B
• Christmas Day – Parent A

Even-Numbered Years (e.g., 2026)
• New Year’s Day – Parent B
• Spring Break – Parent A
• Thanksgiving – Parent B
• Christmas Eve – Parent A
• Christmas Day – Parent B

[// GUIDANCE: List additional holidays – e.g., July 4th, Child’s Birthday, Mothers/Fathers Day – and attach a color-coded calendar if required by local rule.]

3.4 Transportation & Exchanges

a. Each Parent shall provide safe, insured transportation during his/her Parenting Time.
b. The transporting Parent shall ensure Child safety seat compliance pursuant to NRS 484B.157.
c. Neither Parent shall consume alcohol or impairing substances within eight (8) hours prior to driving with a Child.

3.5 Communication & Technology Access

a. Reasonable Telephonic/Video Contact. Each Parent shall facilitate one (1) daily contact of up to [15] minutes between the Children and the other Parent during non-custodial periods.
b. No Electronic Monitoring. Neither Parent shall record or monitor conversations between a Child and the other Parent absent Court order.

3.6 Decision-Making Protocols

a. Emergency Medical. Either Parent may obtain emergency medical care. The treating facility and other Parent shall be notified within [2] hours or as soon as practicable.
b. Scheduled Medical/Dental. Non-emergency appointments shall be jointly scheduled when possible. Each Parent shall have access to medical portals.
c. Education. School enrollment, individualized education plans (“IEPs”), and extracurricular commitments require joint consent.
d. Religion. [Specify denomination / “Each Parent may provide religious guidance during his/her Parenting Time without obligating the other Parent.”]

3.7 Relocation

a. Statutory Compliance. A Parent seeking Relocation must strictly comply with NRS 125C.0065 – .007.
b. Advance Notice. Written notice of intent to relocate, stating the proposed address, reason for move, and proposed revised schedule, shall be served on the non-relocating Parent at least sixty (60) days before the intended move.
c. Interim Parenting Plan. The Parties shall confer in good faith within ten (10) days of notice to negotiate an interim schedule pending Court determination.
d. Burden of Proof. The relocating Parent bears the statutory burden to prove Relocation is in the Children’s best interests and in good faith.

4. REPRESENTATIONS & WARRANTIES

4.1 Fitness. Each Parent represents that he/she is a fit and proper person to exercise custody, possessing no condition that would endanger a Child.

4.2 Disclosure of Protective Orders. Each Parent warrants that all existing domestic-violence or protective orders involving either Parent have been disclosed and attached hereto as Schedule A.

4.3 Accuracy. All factual statements in this Agreement are true and complete to the best of each Parent’s knowledge.

4.4 Survival. The representations and warranties in this Section 4 survive the entry of any decree adopting this Agreement.

5. COVENANTS & RESTRICTIONS

5.1 Child Welfare Covenant. The Parties shall at all times place the Children’s welfare above their own interests and shall foster a loving relationship between the Children and the other Parent.

5.2 Non-Disparagement. Neither Parent shall disparage the other in the presence or hearing of a Child or on social media.

5.3 Substance Use. Neither Parent shall use, possess, or be under the influence of illegal substances or abuse alcohol during Parenting Time.

5.4 Information Sharing. Each Parent shall supply the other with current addresses, phone numbers, and emergency contacts within twenty-four (24) hours of any change.

5.5 Firearms. Firearms shall be stored unloaded and locked, with ammunition stored separately, during Parenting Time.

5.6 Passport & Travel. Passports shall be held by [Parent A | Parent B | Alternating Custody]. International travel requires the other Parent’s written consent [minimum days notice] and itinerary disclosure.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute “Defaults”:
a. Willful violation of the Parenting Schedule exceeding [30] minutes without good cause;
b. Failure to return a Child’s prescribed medication or medical device;
c. Removal of a Child from Nevada in violation of Section 3.7;
d. Material misrepresentation under Section 4.

6.2 Notice & Cure. The non-defaulting Parent shall provide written notice describing the Default and a cure period of [48] hours where practicable.

6.3 Graduated Remedies.
a. Mediation under Section 8.2.
b. Court enforcement action, including make-up Parenting Time, attorney’s fees, and potential modification of custody pursuant to NRS 125C.
c. Immediate injunctive relief for relocation or safety violations.

6.4 Attorney Fees. Upon a finding of willful non-compliance, the defaulting Parent shall pay the reasonable attorney fees and costs of the enforcing Parent.

7. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each Parent (“Indemnifying Parent”) shall indemnify, defend, and hold harmless the other Parent from and against any third-party claims, liabilities, or governmental actions arising from the Indemnifying Parent’s willful or negligent acts or omissions that endanger a Child. This obligation is paramount and shall not be construed to impair the Court’s continuing jurisdiction.

7.2 Insurance. Each Parent shall maintain health, medical, and dental insurance for the Children if available at reasonable cost through employment. Proof of coverage shall be exchanged annually. Life insurance naming the Children (or a trust for their benefit) as irrevocable beneficiaries in the amount of [$Amount] per Parent shall be maintained so long as any Child is a minor.

7.3 Force Majeure. Parenting Time missed due to severe weather, natural disaster, or governmental emergency shall be made up at the earliest mutually agreeable time.

[// GUIDANCE: Liability caps are not applicable in custodial matters and thus omitted.]

8. DISPUTE RESOLUTION

8.1 Governing Law & Forum. This Agreement shall be governed by Nevada family law. Exclusive jurisdiction lies with the Family Court.

8.2 Mediation Requirement. Except for emergencies, the Parties shall participate in at least one (1) session of confidential mediation with a Nevada-licensed mediator before filing any motion to enforce or modify this Agreement.

8.3 Limited Arbitration. Non-core disputes (e.g., selection of extracurricular activities costing under [$Amount]) may be submitted to binding arbitration under NRS 38. The arbitrator shall consider the Best Interest Factors and issue a written award suitable for Court confirmation. Custody status may not be modified by arbitration.

8.4 Injunctive Relief. Nothing herein limits a Parent’s right to seek immediate injunctive relief to protect a Child or prevent unauthorized Relocation.

[// GUIDANCE: Jury trials are unavailable in Nevada custody actions; no waiver required.]

9. GENERAL PROVISIONS

9.1 Modification. Any substantive change to this Agreement is ineffective until incorporated into a written stipulation signed by the Parties and approved by the Court.

9.2 Waiver. Failure to enforce any provision is not a waiver of future enforcement.

9.3 Assignment. Custodial rights and obligations are personal and non-assignable.

9.4 Severability. If any provision is held invalid, the remainder shall be enforced to the fullest extent permissible.

9.5 Entire Agreement. This Agreement merges and supersedes all prior oral or written understandings regarding custody of the Children.

9.6 Counterparts & Electronic Signatures. This Agreement may be executed in counterparts, each of which is an original. Signatures transmitted by PDF, facsimile, or verified e-signature service constitute originals.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

NOTARY ACKNOWLEDGMENT

State of Nevada )
County of [County] ) ss.

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [Parent A] and [Parent B], personally known to me (or proved to me on the basis of satisfactory evidence) to be the individuals whose names are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained.

Notary Public

My Commission Expires: ___

[// GUIDANCE: Attach any required schedules—e.g., Holiday Calendar, Infant Schedule, Protective Orders, Insurance Proofs—before submission. Confirm that all definitions are used and cross-referenced correctly.]