STIPULATION AND ORDER FOR MODIFICATION OF CUSTODY

IN THE FAMILY DIVISION OF THE [____] JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF [________________________________]

PART I — BACKGROUND AND JURISDICTIONAL FACTS

1.1 Parties and Children

Parent A (Moving Party): [________________________________]
Address: [________________________________]
Nevada Bar Attorney (if any): [________________________________]

Parent B (Non-Moving Party): [________________________________]
Address: [________________________________]
Nevada Bar Attorney (if any): [________________________________]

Minor Child(ren) Subject to This Modification:

1.2 Existing Custody Order Being Modified

☐ Divorce Decree dated [__/__/____], Case No. [________________________________]
☐ Custody Order dated [__/__/____], Case No. [________________________________]
☐ Paternity Order dated [__/__/____], Case No. [________________________________]
☐ Prior Modification Order dated [__/__/____]
☐ Other: [________________________________]

Court that entered the existing order:
☐ Eighth Judicial District Court, Clark County (Las Vegas)
☐ Second Judicial District Court, Washoe County (Reno)
☐ Other: [________________________________] Judicial District Court, [________________________________] County

1.3 Nevada Jurisdiction Under the UCCJEA

This Court has continuing exclusive jurisdiction under NRS 125A.305 because:

☐ Nevada remains the home state of the child(ren)
☐ At least one parent continues to reside in Nevada
☐ The child(ren) have resided in Nevada for at least six (6) consecutive months (or since birth if under 6 months) prior to filing (NRS 125A.085)
☐ Other basis: [________________________________]

1.4 COPE Class Compliance

☐ Both parties have previously completed the Seminar for Separating Parents (COPE class) as required by the Court
☐ The Court has ordered both parties to complete the COPE class in connection with this modification
☐ A waiver of the COPE class has been granted for: [________________________________]

PART II — SUBSTANTIAL CHANGE IN CIRCUMSTANCES (NRS 125C.0045)

2.1 Legal Standard

Under NRS 125C.0045, a custody order may be modified only upon a showing that: (1) there has been a substantial change in circumstances affecting the welfare of the child, and (2) the proposed modification serves the child's best interests as evaluated under NRS 125C.0035. This is a two-prong test, and both prongs must be satisfied.

2.2 Changed Circumstances

The parties stipulate, or the Moving Party alleges, that the following substantial change(s) in circumstances have occurred since entry of the existing custody order:

☐ Change in parent's residence or relocation — Specify: [________________________________]
☐ Change in parent's employment or work schedule — Specify: [________________________________]
☐ Change in child's educational needs — Specify: [________________________________]
☐ Change in child's medical or mental health needs — Specify: [________________________________]
☐ Child's age and developmental changes — Specify: [________________________________]
☐ Child's expressed preference (if of sufficient age and capacity per NRS 125C.0035(4)(a)) — Specify: [________________________________]
☐ Domestic violence or safety concerns (NRS 125C.0035(4)(k); NRS 33.017-33.100) — Specify: [________________________________]
☐ Substance abuse issues — Specify: [________________________________]
☐ Parent's failure to exercise custodial time — Specify: [________________________________]
☐ Parent's incarceration or legal issues — Specify: [________________________________]
☐ Remarriage or new household composition — Specify: [________________________________]
☐ Military deployment — Specify: [________________________________]
☐ Other — Specify: [________________________________]

Detailed narrative of changed circumstances:

[________________________________]
[________________________________]
[________________________________]

2.3 Date Changed Circumstances Arose

The substantial change in circumstances described above arose on or about [__/__/____].

PART III — BEST INTEREST ANALYSIS UNDER NRS 125C.0035

The parties acknowledge that any modification must serve the child(ren)'s best interests. The Court shall consider the following factors set forth in NRS 125C.0035(4):

(a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference:
[________________________________]

(b) Any nomination of a guardian for the child by a parent:
[________________________________]

(c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent:
[________________________________]

(d) The level of conflict between the parents:
[________________________________]

(e) The ability of the parents to cooperate to meet the needs of the child:
[________________________________]

(f) The mental and physical health of the parents:
[________________________________]

(g) The physical, developmental and emotional needs of the child:
[________________________________]

(h) The nature of the relationship of the child with each parent:
[________________________________]

(i) The ability of the child to maintain a relationship with any sibling:
[________________________________]

(j) Any history of parental abuse or neglect of the child or a sibling:
[________________________________]

(k) Whether either parent or any other person seeking physical custody has engaged in an act of domestic violence against the child, a parent of the child, or any other person residing with the child:
[________________________________]

PART IV — PROPOSED MODIFICATIONS

4.1 Modification of Legal Custody

Current arrangement: [________________________________]

Proposed arrangement:

☐ No change to legal custody
☐ Change to joint legal custody (NRS 125C.002 — presumption favoring joint legal custody applies where parents agree or a parent has demonstrated intent to establish meaningful relationship)
☐ Change to sole legal custody to Parent [____] because: [________________________________]
☐ Modification of decision-making allocation as follows:

4.2 Modification of Physical Custody

Current arrangement: [________________________________]

Proposed arrangement:

☐ No change to physical custody
☐ Change to joint physical custody with equal timesharing (NRS 125C.0035(1) — preference for joint physical custody if in best interest; NRS 125C.0025 defines joint physical custody as each parent having physical custody for not less than 40% of the time)
☐ Change to primary physical custody to Parent [____] with parenting time to the other parent
☐ Modification of the timesharing schedule as follows:

New Regular Parenting Time Schedule:

Parent A: [________________________________]
Parent B: [________________________________]

Exchange Location: [________________________________]
Exchange Day/Time: [________________________________]
Transportation Responsibility: [________________________________]

4.3 Modification of Holiday and Vacation Schedule

☐ No change to holiday/vacation schedule
☐ Modify holiday/vacation schedule as follows:

[________________________________]

4.4 Modification Related to Relocation (NRS 125C.006-007)

☐ Not applicable — no relocation involved
☐ Parent [____] is relocating to [________________________________]

If relocation is involved, the relocating parent must demonstrate under NRS 125C.007:
(a) A sensible, good-faith reason for the move, not intended to deprive the other parent of parenting time
(b) The best interests of the child are served by allowing relocation
(c) The child and relocating parent will benefit from an actual advantage

The relocating parent has:
☐ Obtained written consent of the non-relocating parent (NRS 125C.006)
☐ Filed a petition for permission to relocate with the Court

Proposed modified parenting schedule to accommodate relocation:
[________________________________]

4.5 Modification of Supervision Requirements

☐ Not applicable
☐ Add supervised visitation for Parent [____] — Reason: [________________________________]
☐ Remove supervised visitation for Parent [____] based on: [________________________________]
☐ Modify supervision terms as follows: [________________________________]

4.6 Modification of Communication and Virtual Visitation

☐ No change
☐ Modify as follows: [________________________________]

4.7 Other Modifications

[________________________________]

PART V — DOMESTIC VIOLENCE FINDINGS (NRS 125C.0035(4)(k))

5.1 Domestic Violence Determination

☐ Neither party has been the subject of a domestic violence finding or protective order
☐ A Temporary Protective Order (TPO) under NRS 33.020 was issued against Parent [____] on [__/__/____]
☐ An Extended Protective Order (EPO) under NRS 33.030 was issued against Parent [____] on [__/__/____]
☐ A criminal conviction for domestic violence exists against Parent [____] — Case No. [________________________________]

5.2 Rebuttable Presumption Against Custody

If the Court determines by clear and convincing evidence that a parent has engaged in one or more acts of domestic violence against the child, a parent of the child, or any other person residing with the child, there is a rebuttable presumption that sole or joint physical custody by the perpetrator is not in the child's best interest (NRS 125C.0035(5)).

To overcome this presumption, the offending parent must demonstrate:

☐ Completion of a batterer's intervention program or Court-approved counseling
☐ No ongoing physical or emotional danger to the child or the other parent
☐ Custody is nonetheless in the child's best interest

PART VI — RIGHT OF FIRST REFUSAL

☐ No change to current right of first refusal provisions
☐ Add right of first refusal: If either parent is unable to care for the child(ren) for more than [____] consecutive hours during that parent's custodial time, the unavailable parent shall first offer the time to the other parent before arranging third-party care.
☐ Remove right of first refusal
☐ Modify threshold from [____] hours to [____] hours

PART VII — ADDITIONAL PROVISIONS

7.1 Non-Disparagement

Each parent shall refrain from making negative, derogatory, or disparaging remarks about the other parent in the presence of the child(ren) and shall not allow others in their household to do so.

7.2 Substance-Use Restriction

Neither parent shall consume alcohol to the point of impairment or use any controlled substance (other than as lawfully prescribed) during custodial time or within twelve (12) hours prior to custodial time.

7.3 Firearms Storage

All firearms shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren), in compliance with Nevada law.

7.4 Information Sharing

Both parents shall have full and equal access to the child(ren)'s school records, medical records, dental records, and records of extracurricular activities. Each parent shall be listed as an emergency contact at the child(ren)'s school and with all healthcare providers.

7.5 Facilitation of Parent-Child Relationship

Each parent shall actively facilitate and encourage the child(ren)'s relationship with the other parent and shall not engage in conduct designed to alienate the child(ren) from the other parent.

7.6 Child Abduction Warning

Both parents acknowledge that under NRS 200.359, a parent who takes, detains, conceals, or entices away a child from the other parent or person with lawful custody commits a category D felony if in violation of a custody order.

7.7 Health Insurance

[________________________________] shall maintain health, dental, and vision insurance for the child(ren). Unreimbursed medical expenses shall be allocated as follows: Parent A [____]% / Parent B [____]%.

PART VIII — DISPUTE RESOLUTION

8.1 Good-Faith Communication

Parents shall first attempt to resolve disputes through direct, respectful communication or through a court-approved co-parenting application.

8.2 Mediation

If direct communication fails, parents shall participate in mediation with a qualified Nevada family mediator before filing a motion with the Court. Clark County and Washoe County offer court-connected mediation services through the Family Mediation Center.

8.3 Court Intervention

If mediation is unsuccessful, either parent may file a motion with the Court. Custody modification motions are typically set for:

☐ Short-cause hearing (matters requiring one hour or less of court time)
☐ Long-cause/evidentiary hearing (matters requiring more than one hour, including contested modifications with witness testimony)

8.4 Governing Law and Forum

This Stipulation is governed by Nevada law, including NRS Chapter 125C and the Nevada Rules of Civil Procedure. Exclusive jurisdiction lies in the Family Division of the District Court for [________________________________] County, Nevada.

8.5 Attorney's Fees

The prevailing party in any enforcement or contempt proceeding may be awarded reasonable attorney's fees and costs at the Court's discretion.

PART IX — NATURE OF THIS DOCUMENT

9.1 Stipulated vs. Contested

☐ Stipulated Modification: Both parties consent to the modifications set forth herein and request the Court approve and enter an order incorporating these terms.
☐ Contested Motion: The Moving Party requests modification over the objection of the Non-Moving Party and requests a hearing.

9.2 Amendment

This Stipulation may be further modified only by written agreement of both parties approved by the Court, or by further Court order upon proper motion under NRS 125C.0045.

9.3 Severability

If any provision is held unenforceable, the remaining provisions remain in full force and effect.

9.4 Integration

This Modification, together with the unmodified provisions of the existing custody order, constitutes the complete custody arrangement between the parties.

9.5 Counterparts and Electronic Signatures

This document may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

PART X — SIGNATURES

PARENT A / MOVING PARTY

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

PARENT B / NON-MOVING PARTY

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]

VERIFICATION

STATE OF NEVADA )
) ss.
COUNTY OF [________________________________] )

I, [________________________________], declare under penalty of perjury under the laws of the State of Nevada that the foregoing statements are true and correct to the best of my knowledge and belief.

Executed on [__/__/____] at [________________________________], Nevada.

Signature: [________________________________]

ORDER OF THE COURT

The Court, having reviewed the foregoing Stipulation and Order for Modification of Custody and having considered the factors set forth in NRS 125C.0035 and the requirements of NRS 125C.0045, and good cause appearing therefor:

IT IS HEREBY ORDERED that the existing custody order dated [__/__/____] is modified as set forth above, effective [__/__/____].

IT IS FURTHER ORDERED that all provisions of the existing custody order not expressly modified herein remain in full force and effect.

IT IS FURTHER ORDERED that pursuant to NRS 125C.0045(7), both parents are advised that NRS 200.359 makes it a category D felony to take, detain, conceal, or entice away a child from the other parent or person with lawful custody in violation of a custody order.

DATED this [____] day of [________________________________], 20[____].

[________________________________]
District Judge, Department [____]
Family Division, [________________________________] Judicial District Court
[________________________________] County, Nevada

SOURCES AND REFERENCES

• NRS Chapter 125C — Custody and Visitation: https://www.leg.state.nv.us/nrs/nrs-125c.html
• NRS 125C.0045 — Court orders; modification or termination of orders
• NRS 125C.0035 — Best interests of child; joint physical custody; 11 statutory factors
• NRS 125C.003 — Best interests of child; primary physical custody; presumptions
• NRS 125C.002 — Joint legal custody presumption
• NRS 125C.006-007 — Relocation consent, petition, and factors
• NRS 125A.305 — UCCJEA continuing exclusive jurisdiction
• NRS 33.017-33.100 — Temporary and extended protective orders (domestic violence)
• NRS 200.359 — Unlawful removal or concealment of child; penalties
• Nevada Self-Help Center — Motion to Modify Custody: https://selfhelp.nvcourts.gov
• Clark County Family Court (Eighth Judicial District): https://www.clarkcountycourts.us/departments/judicial/family-division/
• Washoe County Family Court (Second Judicial District): https://www.washoecourts.com
• COPE Class Information: https://www.familylawselfhelpcenter.org/self-help/custody-paternity-child-support/mandatory-mediation-and-mandatory-co-parenting-cope-class