Simple Child Custody Stipulation and Order
STIPULATION AND ORDER FOR CUSTODY AND VISITATION
STATE OF NEVADA
COURT CAPTION
IN THE [________________________________] JUDICIAL DISTRICT COURT
OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF [________________________________]
FAMILY DIVISION
________________________________________
[________________________________],
☐ Plaintiff / ☐ Petitioner / Case No.: [________________________________]
☐ Joint Petitioner,
Department: [________________________________]
v.
[________________________________],
☐ Defendant / ☐ Respondent /
☐ Joint Petitioner.
________________________________________
STIPULATION AND ORDER
FOR CUSTODY AND VISITATION
Child(ren):
[________________________________], DOB: [__/__/____]
[________________________________], DOB: [__/__/____]
[________________________________], DOB: [__/__/____]
STIPULATION
The parties named above, having appeared in this action (or having submitted this stipulation for the Court's approval), and each party having been advised of their respective rights, and each party having had the opportunity to consult with independent legal counsel, and each party having entered into this agreement voluntarily and without coercion, hereby stipulate and agree as follows regarding the custody and visitation of their minor child(ren):
ARTICLE I: RECITALS AND BACKGROUND
1.1 Plaintiff/Petitioner. [________________________________] ("Mother"/"Father") resides at [________________________________], City of [________________________________], County of [________________________________], State of Nevada.
1.2 Defendant/Respondent. [________________________________] ("Mother"/"Father") resides at [________________________________], City of [________________________________], County of [________________________________], State of [________________________________].
1.3 Nature of Proceeding. This matter involves:
☐ Complaint for Divorce/Dissolution of Marriage (NRS 125.010 et seq.)
☐ Complaint for Annulment
☐ Petition for Custody (NRS 125C.001 et seq.)
☐ Petition to Establish Paternity and Custody (NRS 126.031 et seq.)
☐ Motion to Modify Existing Custody Order dated [__/__/____]
☐ Joint Petition for Divorce
1.4 Marriage/Relationship. The parties:
☐ Were married on [__/__/____] in [________________________________] and separated on [__/__/____].
☐ Were never married but are the biological and/or legal parents of the child(ren) named herein.
☐ Have a Final Decree of Divorce dated [__/__/____].
1.5 Children. The parties are the parents of the following minor child(ren):
| Name | Date of Birth | Age | Current Residence |
|---|---|---|---|
| [________________________________] | [__/__/____] | [____] | [________________________________] |
| [________________________________] | [__/__/____] | [____] | [________________________________] |
| [________________________________] | [__/__/____] | [____] | [________________________________] |
1.6 Jurisdiction. This Court has subject matter jurisdiction over this custody proceeding pursuant to NRS 125A.305 (UCCJEA - Initial Child Custody Jurisdiction). The State of Nevada is the home state of the child(ren), as the child(ren) have lived in Nevada with a parent for at least six (6) consecutive months immediately preceding the commencement of this proceeding.
1.7 UCCJEA Declaration. The parties certify that no other custody proceeding involving the child(ren) named herein is pending in any court of this state or any other state or country, except: ☐ None ☐ [________________________________].
1.8 Voluntariness. Each party enters into this stipulation voluntarily, without fraud, coercion, duress, or undue influence. Each party has had the opportunity to consult with independent legal counsel and understands the terms and legal consequences of this agreement.
1.9 Parent Education.
☐ Both parties have completed the parent education seminar (COPE class or equivalent) as required by local court rule.
☐ Both parties shall complete the parent education seminar within [____] days of the entry of this order.
☐ The parent education requirement has been waived by the court.
1.10 Best Interests Finding. The parties stipulate and the Court finds that this agreement is in the best interests of the child(ren), considering the factors set forth in NRS 125C.0035 and NRS 125.480, including: the wishes of the child (if of sufficient age and capacity); the level of conflict between the parties; the ability of the parents to cooperate; the mental and physical health of the parents; the physical, developmental, and emotional needs of the child; the nature of the relationship between the child and each parent; the ability of the child to maintain a relationship with siblings; and any history of parental abuse or neglect.
ARTICLE II: LEGAL CUSTODY
2.1 Legal Custody. Legal custody of the child(ren) shall be:
☐ Joint Legal Custody. Both parents shall share joint legal custody of the child(ren). Both parents shall have equal rights and responsibilities to make major decisions affecting the child(ren)'s health, education, and general welfare. Major decisions require the consultation and agreement of both parents.
☐ Sole Legal Custody to [________________________________]. [________________________________] shall have sole legal custody and the exclusive right to make all major decisions regarding the child(ren)'s health, education, and welfare.
2.2 Major Decision-Making Areas. Under joint legal custody, the following decisions require the mutual agreement of both parents:
(a) Education:
- Selection or change of school (public, private, parochial, charter, homeschool)
- Special education services, IEP decisions, and tutoring
- Grade retention or acceleration
- College/post-secondary education planning
(b) Healthcare:
- Non-emergency medical procedures, surgery, and treatment
- Mental health therapy, counseling, and psychological treatment (initiation and termination)
- Orthodontic treatment
- Vaccinations (beyond routine childhood immunizations)
- Elective medical procedures
(c) Religion:
- Religious upbringing, instruction, and training
- Religious ceremonies (baptism, confirmation, bar/bat mitzvah, etc.)
(d) Extracurricular Activities:
- Enrollment in activities that substantially affect the other parent's parenting time or require significant financial commitment
- Out-of-state travel for activities or competitions
(e) Other Major Decisions:
- Application for or renewal of passport
- Change of the child(ren)'s legal name
- Body modifications (piercing, tattoo)
- Enlistment in the military (for older minors)
2.3 Day-to-Day Decisions. The parent exercising parenting time shall make routine day-to-day decisions, including meals, bedtime, hygiene, homework, discipline, and minor medical decisions.
2.4 Emergency Medical Decisions. In a medical emergency, the parent with physical custody at the time may consent to necessary emergency medical treatment and shall notify the other parent as soon as reasonably practicable.
2.5 Dispute Resolution for Joint Decisions. If the parents cannot agree on a major decision after good-faith consultation:
☐ The matter shall be submitted to mediation before filing a motion with the Court.
☐ [________________________________] shall have tie-breaking authority on [________________________________] (specific area) decisions.
☐ Either parent may petition the Court.
ARTICLE III: PHYSICAL CUSTODY AND PARENTING TIME
3.1 Physical Custody Determination. Physical custody shall be:
☐ Joint Physical Custody. Both parents shall share joint physical custody, with the child(ren) residing with each parent for significant periods of time as set forth in the parenting time schedule below. Pursuant to NRS 125C.0035(1), joint physical custody means that each parent has physical custody of the child for at least forty percent (40%) of the time, or approximately 146 days per year.
☐ Primary Physical Custody to [________________________________]. [________________________________] shall have primary physical custody, and [________________________________] shall have parenting time (visitation) as set forth below. Under NRS 125C.003, primary physical custody means that the child resides with the primary custodial parent for more than 60% of the time.
3.2 Nevada Presumption Regarding Joint Physical Custody. Pursuant to NRS 125C.0035(2), there is a rebuttable presumption that joint physical custody would be in the best interest of the child if the parents agree to an award of joint physical custody.
3.3 Parenting Time Schedule.
(a) Option 1: Week On/Week Off (50/50 - 182.5 days each).
☐ The child(ren) shall reside with Parent A during Week 1 and Parent B during Week 2, alternating weekly. Exchanges shall occur on [________________________________] (day) at [________________________________] (time).
(b) Option 2: 2-2-5-5 Rotation (50/50).
☐ Parent A always has Monday and Tuesday overnight; Parent B always has Wednesday and Thursday overnight; the parents alternate Friday, Saturday, and Sunday nights (three-day weekends) in an alternating pattern.
(c) Option 3: 3-4-4-3 Rotation (50/50).
☐ Week 1: Parent A has 3 days (Sunday night through Wednesday morning); Parent B has 4 days (Wednesday after school through Sunday morning).
Week 2: Parent A has 4 days (Sunday night through Thursday morning); Parent B has 3 days (Thursday after school through Sunday morning).
(d) Option 4: Every Other Weekend Plus Midweek (Primary Custody).
☐ The non-custodial parent shall have:
- Every other weekend from Friday at [________________________________] to Sunday at [________________________________].
- One midweek visit on [________________________________] (day) from [________________________________] to [________________________________].
- Additional time as follows: [________________________________]
(e) Option 5: Extended Every Other Weekend (Primary Custody).
☐ The non-custodial parent shall have:
- Every other weekend from Thursday after school/[________________________________] to Monday morning school drop-off/[________________________________].
- One midweek dinner visit on [________________________________] from [________________________________] to [________________________________].
(f) Option 6: Custom Schedule.
☐ See attached Parenting Plan (Exhibit A).
☐ The schedule shall be: [________________________________]
3.4 Supervised Visitation. (If applicable)
☐ Not applicable.
☐ [________________________________]'s parenting time shall be supervised. The supervisor shall be:
☐ A professional supervisor approved by the Court: [________________________________]
☐ A family member approved by both parties: [________________________________]
Conditions: [________________________________]
Duration: ☐ Until further order of the court ☐ Until [__/__/____] ☐ Other: [________________________________]
3.5 Domestic Violence Presumption. Pursuant to NRS 125C.0035(5), if the court determines by clear and convincing evidence that a parent has committed an act of domestic violence against the other parent, against the child, or against 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 best interest of the child.
☐ Not applicable. No finding of domestic violence has been made.
☐ A finding of domestic violence was made against [________________________________] on [__/__/____]. The presumption has been ☐ overcome / ☐ not overcome.
ARTICLE IV: HOLIDAY AND SPECIAL OCCASION SCHEDULE
4.1 General Rule. The holiday schedule shall supersede the regular parenting time schedule. If a holiday is not specifically addressed, the regular schedule shall apply.
4.2 Holiday Allocation. Holidays shall alternate between parents annually unless otherwise specified:
| Holiday | Even Years | Odd Years | Time Period |
|---|---|---|---|
| New Year's Day (January 1) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | December 31 at [____] to January 1 at [____] |
| Martin Luther King Jr. Day | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | Saturday 9:00 a.m. to Monday at [____] |
| Presidents' Day Weekend | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | Saturday 9:00 a.m. to Monday at [____] |
| Easter / Passover / Spring Holiday | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Memorial Day Weekend | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | Saturday 9:00 a.m. to Monday at [____] |
| Independence Day (July 4) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | July 3 at [____] to July 5 at [____] |
| Nevada Day (Last Friday in October) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | Friday at [____] to Saturday at [____] |
| Labor Day Weekend | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | Saturday 9:00 a.m. to Monday at [____] |
| Halloween (October 31) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | October 31 at [____] to November 1 at [____] |
| Thanksgiving | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | Wednesday at [____] to Sunday at [____] |
| Christmas Eve (December 24) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | December 24 at [____] to December 25 at [____] |
| Christmas Day (December 25) | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | December 25 at [____] to December 26 at [____] |
| Hanukkah | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
| Other: [________________] | ☐ Parent A ☐ Parent B | ☐ Parent A ☐ Parent B | [________________________________] |
4.3 Mother's Day and Father's Day.
- Mother's Day: The child(ren) shall be with their Mother every year on Mother's Day weekend from Saturday at [________________________________] through Sunday at [________________________________].
- Father's Day: The child(ren) shall be with their Father every year on Father's Day weekend from Saturday at [________________________________] through Sunday at [________________________________].
4.4 Children's Birthdays.
☐ The child(ren) shall spend their birthday with the parent whose regular time includes the birthday; the other parent shall have reasonable time on or near the birthday.
☐ Alternating annually: Parent A in even years, Parent B in odd years.
☐ Shared equally on the birthday.
☐ Other: [________________________________]
4.5 Parents' Birthdays. Each parent may spend time with the child(ren) on the parent's birthday from [________________________________] to [________________________________], regardless of the regular schedule.
ARTICLE V: SCHOOL BREAKS AND VACATION
5.1 Winter Break (December/January). The school winter break shall be divided as follows:
☐ First half with [________________________________] and second half with [________________________________] in even years, alternating in odd years. The midpoint shall be [________________________________] (e.g., December 26 at noon).
☐ The winter break shall be divided so that Thanksgiving and the first half of winter break are with the same parent, and the second half of winter break is with the other parent, alternating annually.
☐ Other: [________________________________]
5.2 Spring Break. The school spring break shall be spent with:
☐ Parent A in even years, Parent B in odd years.
☐ Split equally.
☐ Other: [________________________________]
5.3 Summer Vacation. Each parent shall have [____] weeks of uninterrupted vacation time with the child(ren) during the summer recess, subject to:
(a) Written notice of requested summer vacation dates shall be provided by [________________________________] (e.g., May 1) each year.
(b) If both parents request overlapping dates, [________________________________]'s selection shall have priority in even years and [________________________________]'s in odd years.
(c) Vacation periods of more than [____] consecutive days shall require advance notice and the providing of itinerary, destination, and contact information.
(d) During non-vacation summer weeks, the regular parenting time schedule shall remain in effect.
(e) Neither parent shall schedule vacation that conflicts with the other parent's previously confirmed vacation time.
5.4 Track Break. (For year-round school schedules)
☐ Not applicable.
☐ Track break periods shall follow the regular parenting time schedule unless otherwise agreed.
☐ Track breaks shall alternate between parents, with the schedule as follows: [________________________________]
ARTICLE VI: TRANSPORTATION AND EXCHANGES
6.1 Exchange Location.
☐ The child(ren)'s school (school drop-off and pick-up transitions).
☐ The custodial parent's residence.
☐ A neutral, public location: [________________________________].
☐ The receiving parent's residence.
☐ Other: [________________________________]
6.2 Transportation Responsibility.
☐ The receiving parent picks up the child(ren) from the exchange location.
☐ The delivering parent drops off the child(ren) at the exchange location.
☐ Transportation shall be shared equally (one parent transports to exchanges, the other from).
☐ Other: [________________________________]
6.3 Punctuality. Both parents shall be on time for scheduled exchanges. If a parent will be more than [____] minutes late, that parent shall notify the other parent as soon as possible. If the receiving parent is more than [____] minutes late without prior notice, the exchange may be deemed waived. The missed time ☐ shall / ☐ shall not be made up.
6.4 Conduct. Both parents shall behave in a civil, respectful, and non-confrontational manner during exchanges. Neither parent shall engage in arguments, name-calling, or hostile behavior in the presence of the child(ren).
6.5 Third-Party Exchanges. If a parent cannot personally handle an exchange, a responsible adult may be designated with advance notice to the other parent.
6.6 Long-Distance Transportation. If the parents reside in different cities:
☐ The parents shall share transportation costs equally.
☐ [________________________________] shall be responsible for transportation costs.
☐ The parents shall alternate responsibility for transportation.
☐ Other: [________________________________]
ARTICLE VII: COMMUNICATION WITH CHILDREN
7.1 Telephone and Video Communication. Each parent shall have the right to reasonable daily telephone and/or video communication (FaceTime, Zoom, Skype, etc.) with the child(ren) during the other parent's parenting time at a mutually agreed time that does not unreasonably interfere with the child(ren)'s schedule.
7.2 Communication Window. Unless otherwise agreed, the non-custodial parent may call the child(ren) between [________________________________] and [________________________________] (e.g., 6:00 p.m. and 8:00 p.m.) each day.
7.3 Access to Devices. Each parent shall ensure that the child(ren) have reasonable access to a telephone or electronic device for communication with the other parent. Neither parent shall monitor, listen to, record, or interfere with the child(ren)'s private communications with the other parent.
7.4 Co-Parent Communication. The parents shall communicate with each other in a respectful, businesslike manner through:
☐ Direct telephone/text messages
☐ Email
☐ Co-parenting application: [________________________________] (e.g., OurFamilyWizard, TalkingParents)
☐ Written correspondence
ARTICLE VIII: INFORMATION SHARING AND ACCESS TO RECORDS
8.1 Access to Records. Pursuant to NRS 125C.004, unless the court orders otherwise, both parents shall have equal access to all records and information pertaining to the child(ren), including but not limited to medical, dental, and school records.
8.2 School. Both parents shall be listed on all school emergency contact forms, enrollment records, and authorized pick-up lists. Both parents shall have the right to attend all school events, parent-teacher conferences, and performances.
8.3 Medical. Both parents shall be listed on all medical, dental, and mental health provider records. Each parent shall promptly inform the other parent of any significant illness, injury, hospitalization, or medical condition of the child(ren).
8.4 Activities. Each parent shall provide the other with information regarding the child(ren)'s extracurricular activities, schedules, and events. Both parents may attend all activities and events.
8.5 Address and Contact Changes. Each parent shall notify the other parent in writing within [____] days of any change of address, telephone number, email address, or employment.
ARTICLE IX: RELOCATION
9.1 Statutory Relocation Requirement. Pursuant to NRS 125C.006 and NRS 125C.007, a parent who wishes to relocate with the child(ren) to a place that is at a sufficient distance to substantially impair the ability of the other parent to maintain a meaningful relationship with the child must petition the court for permission to relocate.
9.2 Written Notice. The relocating parent must give written notice to the other parent of the intent to relocate. The notice must be given as early as practicable, and Nevada courts generally expect at least forty-five (45) to sixty (60) days' notice.
9.3 Factors for Relocation. Under NRS 125C.007, the court shall consider: (a) whether there exists a sensible, good-faith reason for the move and the move is not intended to deprive the non-relocating parent of parenting time; (b) whether the best interests of the child(ren) are served by allowing the relocation; (c) whether the child(ren) and relocating parent will benefit from an actual advantage as a result of the relocation; (d) the extent to which the move is likely to improve the quality of life for the child(ren) and relocating parent; (e) whether the motives of the relocating parent are honorable; (f) whether the motives of the non-relocating parent in opposing relocation are honorable; (g) whether the relocating parent will comply with substitute visitation orders; and (h) whether there is a realistic opportunity for the non-relocating parent to maintain adequate visitation.
9.4 Burden of Proof. The relocating parent has the burden of proving that relocating with the child(ren) is for a legitimate purpose and in the best interest of the child(ren).
9.5 Local Moves. Each parent shall notify the other parent in writing of any change of address within [____] days, regardless of whether the move constitutes a relocation.
ARTICLE X: RIGHT OF FIRST REFUSAL
10.1 Right of First Refusal. If either parent is unable to personally care for the child(ren) during scheduled parenting time for a period exceeding [____] hours (e.g., 4-8 hours), that parent shall first offer the other parent the opportunity to care for the child(ren).
10.2 Notice and Response. The requesting parent shall provide at least [____] hours' notice. The other parent shall respond within [____] hours. If the other parent declines or does not respond, the requesting parent may make alternative arrangements.
10.3 Exceptions. This right does not apply to: time at school or daycare; care by grandparents or close family members for short periods; or emergencies.
ARTICLE XI: CHILD SUPPORT
11.1 Child Support. Child support is:
☐ Addressed in a separate order dated [__/__/____].
☐ To be determined by separate motion.
☐ Set forth herein: [________________________________] shall pay to [________________________________] the sum of $[________________________________] per month, payable on the [____] day of each month, commencing [__/__/____].
11.2 Nevada Child Support Guidelines. Under NRS 125B.070 and NRS 125B.080, child support is calculated as a percentage of the obligor's gross monthly income:
- One child: 18%
- Two children: 25%
- Three children: 29%
- Four children: 31%
- Each additional child: 2% additional
The minimum monthly support is $100 per child. The statutory cap is adjusted periodically.
11.3 Joint Physical Custody Offset. Where both parents have joint physical custody (each parent has the child at least 40% of the time), the court shall consider the amount of time the child spends with each parent in calculating the obligation. Under Wright v. Osburn, 114 Nev. 1367 (1998) and NRS 125B.070(1)(b), the court may apply an offset formula.
11.4 Additional Expenses. In addition to guideline child support, the parties shall share the following expenses:
☐ Childcare expenses: [________________________________]% / [________________________________]%.
☐ Unreimbursed medical expenses: [________________________________]% / [________________________________]%.
☐ Health insurance premiums: [________________________________]% / [________________________________]%.
☐ Extracurricular activities: [________________________________]% / [________________________________]%.
☐ Educational expenses: [________________________________]% / [________________________________]%.
☐ Travel expenses for visitation: [________________________________]% / [________________________________]%.
ARTICLE XII: HEALTH INSURANCE AND MEDICAL EXPENSES
12.1 Health Insurance. [________________________________] shall maintain health insurance coverage for the child(ren) through:
☐ Employer-provided health plan.
☐ Private health insurance.
☐ Nevada Check Up / Medicaid.
12.2 Premium Costs. The cost of health insurance premiums for the child(ren) shall be:
☐ Borne by [________________________________].
☐ Shared: [________________________________]% / [________________________________]%.
12.3 Unreimbursed Medical Expenses. All reasonable and necessary unreimbursed medical, dental, orthodontic, vision, prescription, mental health, and therapeutic expenses shall be shared:
☐ Pro rata based on respective incomes.
☐ Equally (50/50).
☐ [________________________________]% / [________________________________]%.
12.4 Documentation and Reimbursement. The parent incurring the expense shall provide documentation to the other parent within [____] days. The other parent shall reimburse within [____] days.
12.5 Insurance Cards. Each parent shall have copies of the child(ren)'s health insurance cards. The insuring parent shall provide updated information promptly.
ARTICLE XIII: EDUCATION EXPENSES
13.1 School. The child(ren) shall attend:
☐ Public school in the school zone of [________________________________]'s residence.
☐ [________________________________] (private/parochial school). Tuition shall be shared: [________________________________].
13.2 Post-Secondary Education.
☐ Reserved for future determination.
☐ As follows: [________________________________].
ARTICLE XIV: TAX DEPENDENCY
14.1 Tax Dependency Exemption / Child Tax Credit. The right to claim the child(ren) as dependents shall be:
☐ Assigned to [________________________________] each year.
☐ Alternated: [________________________________] in even years; [________________________________] in odd years.
☐ Split among multiple children: [________________________________] claims [________________________________]; [________________________________] claims [________________________________].
☐ Other: [________________________________]
14.2 IRS Form 8332. The non-claiming parent shall execute IRS Form 8332 as necessary.
14.3 Support Compliance Condition. The right to claim is conditioned on the obligor parent being current on child support.
ARTICLE XV: CONDUCT AND SAFETY PROVISIONS
15.1 No Disparagement. Neither parent shall make derogatory or disparaging remarks about the other parent, the other parent's family, or the other parent's significant other in the presence of the child(ren). Neither parent shall allow others to do so.
15.2 No Alienation. Neither parent shall intentionally undermine the child(ren)'s relationship with the other parent or engage in parental alienation behaviors.
15.3 No Substance Abuse. Neither parent shall use illegal controlled substances at any time. Neither parent shall consume alcohol to the point of impairment while exercising parenting time or within [____] hours prior to parenting time. Neither parent shall smoke or use tobacco/nicotine products in the presence of the child(ren) or in an enclosed vehicle or enclosed space with the child(ren).
15.4 Vehicle Safety. Both parents shall ensure proper use of child safety restraints in compliance with NRS 484B.157 (child restraint systems). All children under the age of 6 weighing 60 pounds or less must be secured in an approved child restraint system.
15.5 Supervision. Neither parent shall leave the child(ren) unattended in a manner that would endanger the child(ren)'s health or safety, in accordance with NRS 432B.020 (child neglect).
15.6 Introduction of New Partners. Neither parent shall introduce a romantic partner to the child(ren) as a significant other until the relationship has been ongoing for at least [____] months. Overnight stays by romantic partners when the child(ren) are present shall not occur until [________________________________].
15.7 Firearms. All firearms in either parent's home shall be stored securely with trigger locks or in a locked cabinet/safe, with ammunition stored separately, whenever the child(ren) are present, consistent with NRS 202.300 (permitting minors to handle firearms under supervision only).
15.8 Registered Sex Offenders. Neither parent shall expose the child(ren) to any person who is a registered sex offender under NRS 179D.
15.9 Background Checks. Each parent shall ensure that any person who regularly cares for the child(ren) (other than family members) has no history of child abuse, neglect, or sexual offenses.
ARTICLE XVI: DISPUTE RESOLUTION
16.1 Good Faith Communication. The parents shall make a good-faith effort to resolve disagreements regarding the child(ren) through direct communication.
16.2 Mediation. If direct communication does not resolve the dispute, the parents shall submit the matter to mediation with a qualified family mediator before filing any motion with the Court, except in emergencies or where domestic violence is alleged.
16.3 Mediator Selection. The mediator shall be:
☐ Agreed upon by the parties.
☐ Selected by the court.
☐ [________________________________] (named mediator).
16.4 Cost of Mediation. Mediation costs shall be shared:
☐ Equally (50/50).
☐ Pro rata based on income.
☐ Other: [________________________________]
16.5 Emergency Exception. Either parent may petition the court for emergency relief without prior mediation when the child(ren)'s immediate health, safety, or welfare is at risk.
ARTICLE XVII: MODIFICATION
17.1 Standard for Modification. Pursuant to NRS 125C.006, this order may be modified upon a showing that there has been a change in circumstances affecting the welfare of the child(ren) and that the modification is in the best interests of the child(ren). In cases where the parties have joint physical custody and one parent seeks primary custody, the moving party must demonstrate that the modification is in the child's best interest based on the factors in NRS 125C.0035.
17.2 Written Agreement. The parties may modify this order by written stipulation, subject to court approval.
17.3 No Self-Help. Neither parent shall unilaterally change the custody or parenting time arrangement without either the agreement of the other parent or a court order.
ARTICLE XVIII: MISCELLANEOUS PROVISIONS
18.1 Passports. Neither parent shall obtain or renew a passport for the child(ren) without the written consent of the other parent or a court order.
18.2 Domestic Travel. When traveling with the child(ren) outside of [________________________________] County, the traveling parent shall provide the other parent with: (a) travel dates; (b) destination and accommodations; (c) contact information and emergency numbers; and (d) itinerary. Notice shall be provided at least [____] days in advance.
18.3 International Travel. Neither parent shall travel internationally with the child(ren) without:
☐ Prior written consent of the other parent.
☐ A court order authorizing the travel.
18.4 Personal Belongings. The child(ren)'s clothing, school supplies, medications, comfort items, and necessary belongings shall travel with the child(ren) between homes.
18.5 Emergency Contacts. Both parents shall be listed as emergency contacts on all school, medical, childcare, and activity records.
18.6 Compliance and Contempt. Both parents shall comply with all provisions of this order. Willful violation of this order may result in contempt proceedings under NRS 22.010, subject to fine and/or imprisonment.
18.7 Severability. If any provision of this stipulation is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18.8 Entire Agreement. This stipulation constitutes the entire agreement between the parties regarding custody and visitation, superseding all prior agreements, negotiations, and discussions.
18.9 Governing Law. This stipulation shall be governed by the laws of the State of Nevada.
18.10 Incorporation into Decree. This stipulation ☐ shall be / ☐ shall not be incorporated into the final Decree of Divorce, if applicable.
ARTICLE XIX: SIGNATURES
The undersigned parties have read this Stipulation and Order, understand its terms, and voluntarily agree to be bound by all provisions herein.
PLAINTIFF/PETITIONER:
Date: [__/__/____] ________________________________________
[________________________________]
(Print Name)
Address: [________________________________]
Telephone: [________________________________]
DEFENDANT/RESPONDENT:
Date: [__/__/____] ________________________________________
[________________________________]
(Print Name)
Address: [________________________________]
Telephone: [________________________________]
APPROVAL BY COUNSEL
APPROVED AS TO FORM AND CONTENT:
Attorney for Plaintiff/Petitioner: Attorney for Defendant/Respondent:
Date: [__/__/____] Date: [__/__/____]
______________________________ ______________________________
[________________________________] [________________________________]
Nevada Bar No.: [________________] Nevada Bar No.: [________________]
Firm: [________________________________] Firm: [________________________________]
Address: [________________________________] Address: [________________________________]
Tel: [________________________________] Tel: [________________________________]
Email: [________________________________] Email: [________________________________]
COURT ORDER
ORDER OF THE COURT
The Court, having reviewed this Stipulation and the parties' representations, and good cause appearing, hereby finds:
- The Court has jurisdiction over this matter pursuant to NRS 125A.305 (UCCJEA).
- Both parties appeared and entered into this Stipulation voluntarily and with knowledge of its terms.
- The terms of this Stipulation are in the best interests of the child(ren) as required by NRS 125C.0035 and NRS 125.480.
- Pursuant to NRS 125C.0035(2), when both parents agree to joint physical custody, there is a presumption that such arrangement is in the best interest of the child, and this presumption has not been rebutted.
IT IS HEREBY ORDERED that this Stipulation is adopted as an Order of this Court and the parties shall comply with all terms herein.
Date: [__/__/____]
________________________________________
HON. [________________________________]
DISTRICT COURT JUDGE
Department [____]
[________________________________] Judicial District
[________________________________] County, Nevada
PRACTICE NOTES AND GUIDANCE (NEVADA)
Key Nevada Custody Law Principles
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Best Interest Standard. NRS 125C.0035 and NRS 125.480 require that the sole consideration in custody matters is the best interest of the child.
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Joint Physical Custody Preference. NRS 125C.0035(2) creates a presumption that joint physical custody is in the child's best interest when both parents agree. Even without agreement, courts may order joint physical custody if in the child's best interest.
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40% Threshold. Under NRS 125C.0035(1), "joint physical custody" means that each parent has physical custody at least 40% of the time (approximately 146 days per year).
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Domestic Violence Presumption. NRS 125C.0035(5) creates a rebuttable presumption that custody by a perpetrator of domestic violence is not in the child's best interest. The presumption can only be overcome by clear and convincing evidence.
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Relocation Standard. NRS 125C.007 governs relocation. The relocating parent must demonstrate a sensible, good-faith reason for the move and that the move serves the child's best interests. The court weighs multiple factors including the motives of both parents and the feasibility of maintaining the non-relocating parent's visitation.
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Child's Preference. NRS 125C.0065 allows the court to consider the wishes of a child of sufficient age and capacity to form an intelligent preference. There is no specific age cutoff, but courts frequently give weight to the preferences of children aged 12 and older.
Clark County (Eighth Judicial District) Specific Rules
- EDCR 5.22 governs family division procedures.
- A mandatory COPE (Children of Parents Experiencing Separation) class may be required.
- The Family Mediation Center provides mediation services.
- Specific forms may be required for filing stipulations.
Washoe County (Second Judicial District) Specific Rules
- WDCR 18 and 19 govern family division procedures.
- The Family Mediation Center provides services.
- The court may require completion of a parenting class.
SOURCES AND REFERENCES
- NRS Chapter 125C (Custody and Visitation): https://www.leg.state.nv.us/nrs/nrs-125c.html
- NRS 125C.0035 (Best Interest - Joint Physical Custody): https://law.justia.com/codes/nevada/chapter-125c/statute-125c-0035/
- NRS 125C.003 (Best Interest - Primary Physical Custody): https://www.leg.state.nv.us/nrs/nrs-125c.html#NRS125CSec003
- NRS 125C.007 (Relocation Factors): https://law.justia.com/codes/nevada/2017/chapter-125c/statute-125c.007/
- NRS 125.480 (Best Interest of Child): https://www.leg.state.nv.us/nrs/nrs-125.html#NRS125Sec480
- NRS 125A.005 et seq. (Nevada UCCJEA): https://www.leg.state.nv.us/nrs/nrs-125a.html
- NRS 125B.070-125B.080 (Child Support Guidelines): https://www.leg.state.nv.us/nrs/nrs-125b.html
- Wright v. Osburn, 114 Nev. 1367 (1998)
- Rivero v. Rivero, 125 Nev. 410 (2009) (joint physical custody)
- Nevada Child Custody Explained: https://hauserfamilylaw.com/nevada-child-custody-explained-best-interest-factors-parenting-plans/
- NRS 125C.0035 - Shouse Law: https://www.shouselaw.com/nv/family/child-custody/best-interest-of-the-child/
About This Template
Family law covers the paperwork that shapes divorce, custody, child support, adoption, guardianship, and other family matters. These filings are emotional and high-stakes, and they also have to meet strict procedural rules for service, financial disclosure, and parenting plans. Clean, accurate paperwork keeps the focus on getting a workable outcome for the family instead of getting derailed by technical problems that delay hearings or force amended filings.
Important Notice
This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Last updated: March 2026