Child Custody Agreement - Nevada

CHILD CUSTODY AND VISITATION AGREEMENT

(State of Nevada)

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
      3.8 Support and Child-Related Expenses

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 may ask a district court with jurisdiction over the Children to adopt this Agreement as a custody order (the “Court”). A signed agreement alone does not change an existing court order.

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 to the extent Nevada has jurisdiction. Any custody proceeding must be brought in a court with jurisdiction under applicable law.

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 court with jurisdiction over the Children and the custody matter.
“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” means a proposed move with a Child that is covered by NRS 125C.006 or 125C.0065, as applicable.
“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.

3. OPERATIVE PROVISIONS

3.1 Legal Custody

The Parties request ☐ Joint Legal Custody ☐ sole legal custody to Parent A ☐ sole legal custody to Parent B. If joint legal custody is selected, 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. If sole legal custody is selected, decision authority and information sharing are: [DETAILS], subject to the Court's order.

3.2 Physical Custody & Parenting Schedule

a. Custody Designation. The Parties request ☐ Joint Physical Custody under NRS 125C.0025, with Parenting Time [approximately equal | specify %] annually ☐ primary physical custody to Parent A ☐ primary physical custody to Parent B under NRS 125C.003, with the other Parent's specified schedule below. The Court determines the arrangement based on the Children's best interests.

b. Week-On/Week-Off Schedule (complete only if selected; otherwise attach a complete custom schedule).

• 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.)

Selected schedule: ☐ The week-on/week-off pattern above ☐ The schedule below. Complete start and end times, including summer and school breaks, before submitting an order.

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.

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

3.4 Transportation & Exchanges

a. Each Parent shall provide safe, insured transportation during his/her Parenting Time.
b. The transporting Parent shall comply with applicable Nevada child-restraint and transportation law.
c. Neither Parent shall drive with a Child while impaired by alcohol or another substance.

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. If joint legal custody is selected, school enrollment, individualized education plans (“IEPs”), and extracurricular commitments require joint consent. If sole legal custody is selected, the decision-making terms in Section 3.1 and the Court's order govern.
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 with a Child must comply with NRS 125C.006 or 125C.0065, as applicable, and NRS 125C.007.
b. Advance Notice. Give the non-relocating Parent written notice of the proposed address, reason for move, and proposed revised schedule early enough to seek the written consent or court order required by NRS 125C.006 or 125C.0065. This Agreement does not replace a statutory or court-ordered notice requirement.
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. On a petition under NRS 125C.006 or 125C.0065, the relocating Parent must show a sensible, good-faith reason for the move, the Children's best interests, and an actual advantage from the move under NRS 125C.007.

3.8 Support and Child-Related Expenses

Child support: ☐ Existing order dated [__/__/____], case [NUMBER] ☐ Separate proposed order attached ☐ To be determined by the Court. This Agreement does not waive a child's support or modify an existing support order.

Expense allocation proposed, subject to any controlling order: uninsured health costs [PARENT A __% / PARENT B __%]; agreed childcare [SHARES]; agreed school or activity costs [SHARES]. Receipts will be sent by [METHOD] and reimbursements made within [____] days. Tax-dependency terms, if any: [DETAILS SUBJECT TO APPLICABLE TAX LAW AND ORDERS].

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. SCHEDULE CONCERNS AND REMEDIES

6.1 Concerns. The Parents will promptly address a missed exchange, missing medication or medical device, a proposed move with a Child, or a material error in information shared under Section 4. The Child's needs and any court order govern the response.

6.2 Notice. A Parent raising a concern will describe it in writing when practicable. No private notice or cure period delays a Parent's right to seek timely court relief or to protect a Child.

6.3 Relief. The Parents may use the process in Section 8.2, seek enforcement or modification from the Court, or seek urgent relief for a relocation or safety concern. The Court decides whether make-up time, fees, or a custody change is appropriate under applicable law.

6.4 Attorney Fees. A parent may request fees and costs under applicable law. The Court decides whether to award them; this Agreement does not create an automatic award.

7. RISK ALLOCATION

7.1 Child Welfare Priority. Each Parent remains responsible for that parent's own acts and omissions. Nothing in this Agreement creates indemnity for a child-related claim or limits the Court's continuing jurisdiction, a child's rights, or a governmental agency's authority.

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 Disruptions. If severe weather, natural disaster, or a governmental emergency prevents an exchange, the Parents will promptly discuss a safe alternative and any make-up time consistent with the Child's needs and the court order.

8. DISPUTE RESOLUTION

8.1 Governing Law & Forum. Nevada law governs to the extent applicable. Custody proceedings belong in a court that has jurisdiction under applicable custody law.

8.2 Mediation. Except for emergencies or where a court order requires another process, the Parties will first attempt one mediation session through an available court program or with a mutually selected private mediator. This term does not bar either Parent from seeking timely court relief.

8.3 No Binding Custody Arbitration. The Parties may use a nonbinding mediator or another agreed process for implementation disputes. A private process does not change a custody order; either Parent may seek relief from the Court.

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

9. GENERAL PROVISIONS

9.1 Modification. The Parties may amend their agreement in a signed writing. An amendment does not change an existing custody order unless the court with jurisdiction approves it.

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. The Parents may sign counterparts and agree to accept signatures transmitted by PDF, facsimile, or an electronic-signature service, subject to any court filing or authentication requirements.

9.7 Required Terms for a Custody Order. If the Parents submit this Agreement for adoption as a custody order, they request that the proposed order include the following language required by NRS 125C.0045(6), in addition to its specific custody and parenting-time terms:

PENALTY FOR VIOLATION OF ORDER:

THE ABDUCTION, CONCEALMENT OR DETENTION OF A CHILD IN VIOLATION OF THIS ORDER IS PUNISHABLE AS A CATEGORY D FELONY AS PROVIDED IN NRS 193.130. NRS 200.359 provides that every person having a limited right of custody to a child or any parent having no right of custody to the child who willfully detains, conceals or removes the child from a parent, guardian or other person having lawful custody or a right of visitation of the child in violation of an order of this court, or removes the child from the jurisdiction of the court without the consent of either the court or all persons who have the right to custody or visitation is subject to being punished for a category D felony as provided in NRS 193.130.

The proposed order must also state that the Hague Convention of October 25, 1980, applies if a parent abducts or wrongfully retains a child in a foreign country (NRS 125C.0045(7)). If either Parent lives in a foreign country or has significant commitments there, the Parents [AGREE / DO NOT AGREE] that the United States is the Children's country of habitual residence for Hague Convention purposes. If they agree, they request that the court include that agreement in its order under NRS 125C.0045(8)(a).

10. EXECUTION BLOCK

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

OPTIONAL 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: _______________

PROPOSED COURT APPROVAL AND ORDER

Upon review of the completed Agreement and the Children's best interests, the Court ☐ approves and incorporates it, including the penalty notice in Section 9.7, as an order, subject to these modifications, if any: [________________________________]. The Court orders the specific legal and physical custody terms and schedule approved here. The terms of the Hague Convention of October 25, 1980, apply if a parent abducts or wrongfully retains a child in a foreign country. Any agreement on the United States as the child's country of habitual residence applies only if the condition in NRS 125C.0045(8) is met and the Court expressly includes it here: [________________________________].

Date: [__/__/____] District Judge: _________________________________