Nevada Sole Custody Agreement

STIPULATION AND ORDER FOR SOLE CUSTODY

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

PART I — PARTIES, CHILDREN, AND JURISDICTION

1.1 Identification of Parents

Custodial Parent (Petitioner/Respondent): [________________________________]
Address: [________________________________], Nevada [________________________________]
Telephone: [________________________________]
Email: [________________________________]

Non-Custodial Parent (Petitioner/Respondent): [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

1.2 Minor Child(ren)

1.3 Context of This Agreement

☐ Complaint for Divorce (NRS Chapter 125)
☐ Complaint for Custody (unmarried parents — NRS Chapter 125C)
☐ Paternity Action (NRS Chapter 126)
☐ Post-decree modification (NRS 125C.0045)
☐ Other: [________________________________]

1.4 Nevada Jurisdictional Requirements

☐ At least one party has been a bona fide resident of Nevada for six (6) weeks (NRS 125.020 — Nevada's unique short residency requirement)
☐ Nevada is the home state of the child(ren) under the UCCJEA (NRS 125A.085 — child(ren) have resided in Nevada for six consecutive months or since birth)
☐ This Court has jurisdiction: [________________________________] Judicial District Court, [________________________________] County

1.5 COPE Class Compliance

☐ Both parents have completed the Seminar for Separating Parents (COPE class)
☐ COPE class completion is pending
☐ COPE class waiver granted for: [________________________________]

PART II — OVERCOMING NEVADA'S JOINT CUSTODY PRESUMPTION

2.1 Nevada's Presumption Favoring Joint Custody

Nevada law establishes two important presumptions that must be addressed when seeking sole custody:

(a) Joint Legal Custody Presumption (NRS 125C.002): There is a presumption that joint legal custody is in the child's best interest when parents agree or a parent has demonstrated intent to establish a meaningful relationship with the child.

(b) Joint Physical Custody Preference (NRS 125C.0035(1)): If joint physical custody would be in the child's best interest, the court may grant custody jointly. NRS 125C.003(1)(a) creates a presumption against joint physical custody if a parent cannot adequately care for the child for at least 146 days of the year; NRS 125C.0025 does not itself define joint physical custody by percentage.

2.2 Basis for Sole Custody — Why Joint Custody Is Not in the Child(ren)'s Best Interest

Sole custody is appropriate in this case because (select all that apply):

☐ Domestic violence (NRS 125C.0035(5)) — The Court has determined, or the parties stipulate, by clear and convincing evidence that the Non-Custodial Parent has engaged in one or more acts of domestic violence against the child, a parent of the child, or a person residing with the child. This creates a rebuttable presumption that sole or joint custody by the perpetrator is not in the child's best interest.

Details: [________________________________]
☐ TPO issued on [__/__/____], Case No. [________________________________]
☐ EPO issued on [__/__/____], Case No. [________________________________]
☐ Criminal DV conviction, Case No. [________________________________]

☐ Inability to adequately care for child for at least 146 days per year (NRS 125C.003(1)(a)) — The Non-Custodial Parent cannot provide care for the child for at least 146 days annually due to:
☐ Incarceration
☐ Military deployment
☐ Geographic distance
☐ Work schedule
☐ Substance abuse impairment
☐ Medical or mental health condition
☐ Other: [________________________________]

☐ Child born out of wedlock (NRS 125C.003(2)-(3)) — Applicable provisions:
☐ No paternity judgment exists, and the father has not demonstrated intent to establish a meaningful relationship
☐ Mother has abandoned the child and father has provided sole care
☐ Other: [________________________________]

☐ History of parental abuse or neglect (NRS 125C.0035(4)(j)) — Details: [________________________________]

☐ Inability to cooperate (NRS 125C.0035(4)(e)) — The parents are unable to cooperate sufficiently to make joint custody feasible due to: [________________________________]

☐ High level of conflict (NRS 125C.0035(4)(d)) — The level of conflict between the parents is so severe that it would be detrimental to the child(ren) to require ongoing joint decision-making. Details: [________________________________]

☐ Child abduction or concealment (NRS 125C.0035(4)(k)) — A parent has committed an act of abduction against the child or another child. Details: [________________________________]

☐ Substance abuse — The Non-Custodial Parent has a substance abuse problem that impairs their ability to safely parent. Details: [________________________________]

☐ Other grounds: [________________________________]

PART III — BEST INTEREST ANALYSIS (NRS 125C.0035(4))

The parties acknowledge that the following factors under NRS 125C.0035(4) support a sole custody arrangement:

(a) Wishes of the child (if of sufficient age and capacity): [________________________________]

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

(c) Which parent is more likely to allow frequent contact with the other parent: [________________________________]

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

(e) Ability of parents to cooperate: [________________________________]

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

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

(h) Nature of the child's relationship with each parent: [________________________________]

(i) Ability of the child to maintain sibling relationships: [________________________________]

(j) History of parental abuse or neglect: [________________________________]

(k) Domestic violence or child abduction: [________________________________]

PART IV — SOLE CUSTODY TERMS

4.1 Sole Legal Custody

The Custodial Parent shall have sole legal custody and exclusive authority to make all major decisions regarding the child(ren)'s welfare, including:

• Education (school enrollment, special education, tutoring, college)
• Non-emergency medical, dental, and vision care
• Mental health treatment (counseling, therapy, psychiatric care, medication)
• Religious instruction and practice
• Extracurricular activities and sports
• Domestic and international travel
• Obtaining driver's license and passport
• Legal matters affecting the child(ren)

☐ The Custodial Parent may, but is not required to, consult with the Non-Custodial Parent before making major decisions
☐ The Custodial Parent shall provide the Non-Custodial Parent with notice of major decisions within [____] days after the decision is made
☐ The Non-Custodial Parent retains the right to seek judicial review of any major decision believed to be contrary to the child(ren)'s best interest

4.2 Sole Physical Custody

The Custodial Parent shall have sole physical custody. The child(ren) shall reside primarily with the Custodial Parent at:

Address: [________________________________]
City/State/Zip: [________________________________], NV [________________________________]

The Custodial Parent shall have authority over day-to-day activities, routines, rules, discipline, and care of the child(ren).

4.3 School Enrollment

The child(ren) shall be enrolled in:
☐ Clark County School District (CCSD)
☐ Washoe County School District (WCSD)
☐ [________________________________] County School District
☐ Private school: [________________________________]
☐ Homeschool pursuant to NRS Chapter 392

Specific school: [________________________________]

PART V — NON-CUSTODIAL PARENT PARENTING TIME

5.1 Type of Parenting Time

☐ Option A — Standard Parenting Time (Unsupervised)
☐ Option B — Expanded Parenting Time (Unsupervised)
☐ Option C — Supervised Parenting Time
☐ Option D — Therapeutic/Professional Supervision
☐ Option E — No Parenting Time (only in extreme circumstances — specify court findings): [________________________________]

5.2 Option A — Standard Parenting Time Schedule

Regular schedule:

• Alternating weekends: Friday at [____] PM to Sunday at [____] PM
• One midweek visit: [________________________________] from [____] PM to [____] PM
• Total: approximately [____] overnights per year ([____]% of time)

5.3 Option B — Expanded Parenting Time Schedule

Regular schedule:

• Alternating weekends: Friday after school (or [____] PM) to Monday morning (school drop-off or [____] AM)
• Two midweek visits: [________________________________] and [________________________________] from after school (or [____] PM) to [____] PM (or next morning school drop-off)
• Total: approximately [____] overnights per year ([____]% of time)

5.4 Option C — Supervised Parenting Time

Basis for supervision:
☐ History of domestic violence (NRS 125C.0035(5))
☐ Substance abuse concerns
☐ History of abuse or neglect
☐ Concerns about child abduction risk
☐ Parent re-establishing relationship with child after extended absence
☐ Court order requiring supervision
☐ Other: [________________________________]

Supervision terms:

• Frequency: [____] visits per ☐ week ☐ month
• Duration: [____] hours per visit
• Location: ☐ Approved supervised visitation center ☐ In presence of approved third party ☐ Other: [________________________________]

Approved supervisor(s):
☐ Professional supervised visitation provider: [________________________________]
☐ Family member: [________________________________] (relationship: [________________________________])
☐ Other approved individual: [________________________________]

In Clark County: Supervised visitation may be arranged through court-approved visitation centers in the Las Vegas area.
In Washoe County: Contact the Second Judicial District Court for approved supervision resources.

Supervision rules:

• The supervisor must be present at all times during the visit
• The Non-Custodial Parent shall bear all costs of supervised visitation
• The supervisor may terminate the visit if the child becomes distressed or the Non-Custodial Parent violates any condition
• The Non-Custodial Parent shall not discuss the court case, disparage the Custodial Parent, or make promises to the child about custody changes during visits

Step-up provisions (graduated transition toward unsupervised):
☐ After [____] months of consistent supervised visitation without incident, the parties shall:
☐ Review supervision at a status hearing
☐ Transition to unsupervised visits of [____] hours
☐ The Non-Custodial Parent must also complete: [________________________________]

5.5 Option D — Therapeutic/Professional Supervision

All visits shall occur in the presence of a licensed mental health professional who shall:

• Monitor parent-child interactions
• Provide therapeutic guidance
• Submit reports to the Court every [____] days
• Recommend modifications to the visitation arrangement

5.6 Holiday and Vacation Schedule

Holidays:

Summer vacation:
The Non-Custodial Parent shall have [____] weeks of summer parenting time:
☐ Consecutive
☐ Non-consecutive (in blocks of no more than [____] days)
☐ Subject to [____] days' advance written notice to the Custodial Parent
☐ Subject to supervision requirements if applicable

5.7 Exchanges

Location: [________________________________]
☐ School (on school days)
☐ Neutral public location: [________________________________]
☐ Custodial Parent's residence (curbside)
☐ Police station lobby (if safety concerns exist)
☐ Other: [________________________________]

Transportation: ☐ Non-Custodial Parent picks up and returns child(ren)
☐ Custodial Parent delivers and picks up child(ren)
☐ Shared transportation
☐ Third party: [________________________________]

PART VI — COMMUNICATION

6.1 Parent-Child Communication

The Custodial Parent shall facilitate reasonable communication between the Non-Custodial Parent and the child(ren):

☐ Daily phone or video calls at approximately [________________________________] for up to [____] minutes
☐ [____] times per week at reasonable times
☐ Unrestricted — child may contact Non-Custodial Parent freely at any time
☐ Communication restricted to: [________________________________] (if safety concerns)

6.2 Parent-to-Parent Communication

☐ Direct communication (phone, text, email)
☐ Through co-parenting application only: [________________________________]
☐ Through attorneys only (if protective order or extreme conflict)
☐ Through third-party intermediary: [________________________________]

6.3 Emergency Notification

The Custodial Parent shall notify the Non-Custodial Parent within twenty-four (24) hours of any:

• Emergency or serious illness
• Hospitalization or surgical procedure
• Injury requiring medical treatment
• Involvement with law enforcement
• School suspension or expulsion
• Other significant event affecting the child(ren)'s welfare

6.4 Information Access

The Non-Custodial Parent shall have the right to access:

• School records, report cards, and progress reports (directly from the school)
• Medical, dental, and mental health records (directly from providers)
• Notification of school events, parent-teacher conferences, and extracurricular activities
• Both parents shall be listed as emergency contacts at school and with medical providers

6.5 Non-Disparagement

Neither parent shall make negative or disparaging remarks about the other parent, the other parent's family, or household members in the child(ren)'s presence. Neither parent shall allow others in their household to do so.

PART VII — RELOCATION (NRS 125C.006)

7.1 Custodial Parent Relocation

The Custodial Parent may relocate with the child(ren) within [________________________________] without the Non-Custodial Parent's consent, subject to [____] days' written notice.

Relocation outside Nevada or to a location that would substantially impair the Non-Custodial Parent's relationship with the child(ren) requires:
(a) Written consent of the Non-Custodial Parent (NRS 125C.006); or
(b) Court permission upon petition, with the Custodial Parent bearing the burden of proving the move is in the child(ren)'s best interest (NRS 125C.007)

7.2 Relocation Notice Requirements

The relocating parent's notice shall include:

• Proposed new address
• Reason for the move
• Proposed effective date
• Proposed modified parenting time schedule
• How the child(ren)'s relationship with the Non-Custodial Parent will be maintained

7.3 Unauthorized Relocation

A parent who relocates with the child(ren) without consent or court permission is subject to NRS 200.359 (category D felony) and may face custody modification, contempt, and other sanctions.

PART VIII — CONDITIONS AND RESTRICTIONS ON NON-CUSTODIAL PARENT

8.1 Substance-Use Restrictions

☐ The Non-Custodial Parent shall not consume alcohol during parenting time or within [____] hours prior
☐ The Non-Custodial Parent shall not use any illegal or controlled substance at any time
☐ The Non-Custodial Parent shall submit to random drug/alcohol testing at the request of the Custodial Parent, with costs borne by: ☐ Non-Custodial Parent ☐ Requesting parent ☐ Shared equally
☐ The Non-Custodial Parent shall provide proof of completion of substance abuse treatment: [________________________________]

8.2 Domestic Violence Conditions

☐ The Non-Custodial Parent shall complete a batterer's intervention program approved by the Court
☐ The Non-Custodial Parent shall maintain compliance with all protective order terms
☐ The Non-Custodial Parent shall attend individual counseling for a minimum of [____] months
☐ No firearms in the Non-Custodial Parent's home during parenting time
☐ Other: [________________________________]

8.3 Parenting Class Requirement

☐ The Non-Custodial Parent shall complete a court-approved parenting class in addition to the COPE seminar
☐ Provider: [________________________________]
☐ Completion deadline: [__/__/____]

8.4 Firearms Safety

All firearms in the Non-Custodial Parent's home shall be stored unloaded in a locked container with ammunition stored separately, inaccessible to the child(ren).

8.5 Return of Children

The Non-Custodial Parent shall return the child(ren) to the Custodial Parent at the scheduled time and location. Late returns without reasonable notice and justification constitute a material breach and may result in modification of parenting time, contempt, or other sanctions.

8.6 Introduction of New Partners

☐ The Non-Custodial Parent shall not introduce romantic partners to the child(ren) until the relationship has been stable for at least [____] months
☐ Overnight stays by romantic partners are prohibited during the Non-Custodial Parent's custodial time
☐ No restrictions beyond general welfare standards

PART IX — FINANCIAL PROVISIONS

9.1 Child Support

☐ Child support is addressed in a separate order
☐ The Non-Custodial Parent shall pay child support of $[________________________________] per month under NRS 125B.080, NRS 425.620, and current NAC Chapter 425
☐ Child support shall be paid through the Nevada State Collection and Disbursement Unit (SCaDU)

9.2 Health Insurance

☐ Custodial Parent shall maintain health, dental, and vision insurance
☐ Non-Custodial Parent shall maintain health, dental, and vision insurance
☐ Both parents shall maintain insurance; primary through Parent [____]

9.3 Unreimbursed Medical Expenses

Unreimbursed medical, dental, orthodontic, optical, prescription, and mental health expenses shall be allocated:
Custodial Parent: [____]%
Non-Custodial Parent: [____]%

9.4 Extracurricular Expenses

☐ The Custodial Parent has sole discretion over extracurricular enrollment; costs borne by Custodial Parent
☐ Mutually agreed-upon extracurricular expenses shared: Custodial Parent [____]% / Non-Custodial Parent [____]%
☐ Other: [________________________________]

PART X — DISPUTE RESOLUTION

10.1 Mediation

Before filing a motion with the Court, the parties shall attempt mediation except:
☐ Where domestic violence has been established (mediation is not required)
☐ Where a protective order prohibits direct or facilitated contact
☐ In emergency situations affecting the child(ren)'s immediate safety

Mediation resources:

• Clark County: Family Mediation Center, 601 N. Pecos Rd., Las Vegas, NV 89155
• Washoe County: Second Judicial District Court, 1 S. Sierra St., Reno, NV 89501

10.2 Court Proceedings

If mediation fails or is not applicable, either party may file a motion with the Family Division of the [________________________________] Judicial District Court.

10.3 Modification Standard (NRS 125C.0045)

This Agreement may be modified upon showing: (1) a substantial change in circumstances affecting the child(ren)'s welfare, and (2) the modification serves the child(ren)'s best interests.

10.4 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 XI — GENERAL PROVISIONS

11.1 Child Abduction Warning (NRS 200.359)

Both parents acknowledge that under NRS 200.359, it is 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. This warning is required under NRS 125C.0045(6).

11.2 Hague Convention

Both parents are advised that the Hague Convention on the Civil Aspects of International Child Abduction may provide remedies for wrongful removal or retention of children across international borders.

11.3 Bond for Foreign Country Ties (NRS 125C.0045(8))

☐ Not applicable
☐ The Court may require Parent [____] to post a bond due to significant commitments in a foreign country, to ensure the child(ren) are not wrongfully removed from Nevada

11.4 Severability

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

11.5 Integration

This Agreement constitutes the entire understanding regarding custody and supersedes all prior written or oral agreements.

11.6 Counterparts and Electronic Signatures

This Agreement may be executed in counterparts and by electronic signature.

PART XII — SIGNATURES AND COURT ORDER

CUSTODIAL PARENT

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

NON-CUSTODIAL PARENT

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

ATTORNEY APPROVAL (if represented)

Attorney for Custodial Parent:
[________________________________], Esq.
Nevada Bar No. [________________________________]
Signature: [________________________________]
Date: [__/__/____]

Attorney for Non-Custodial Parent:
[________________________________], Esq.
Nevada Bar No. [________________________________]
Signature: [________________________________]
Date: [__/__/____]

ORDER OF THE COURT

The Court, having reviewed the foregoing Stipulation and Order for Sole Custody, having considered the factors set forth in NRS 125C.003 and NRS 125C.0035, and finding that sole legal and physical custody to the Custodial Parent is in the best interests of the minor child(ren), and that the presumption favoring joint custody under NRS 125C.002 and NRS 125C.0035 has been ☐ overcome by clear and convincing evidence ☐ waived by stipulation of the parties, and good cause appearing therefor:

IT IS HEREBY ORDERED that the Custodial Parent shall have sole legal and physical custody of the minor child(ren) as set forth in this Agreement.

IT IS FURTHER ORDERED that the Non-Custodial Parent shall have parenting time as specified herein.

IT IS FURTHER ORDERED that both parents shall comply with all terms and conditions set forth in this Agreement.

IT IS FURTHER ORDERED that pursuant to NRS 125C.0045(6), 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.003 — Best interests of child; primary physical custody; presumptions; 146-day threshold
• NRS 125C.0035 — Best interests of child; 12 factors; domestic violence rebuttable presumption
• NRS 125C.002 — Joint legal custody; presumption (must be overcome for sole legal custody)
• NRS 125C.0025; NRS 125C.003(1)(a) — Joint physical custody preference and 146-day presumption
• NRS 125C.0045 — Court orders; modification; required felony warning; bond for foreign ties
• NRS 125C.006-007 — Relocation; consent, petition, and court factors
• NRS 125.020 — Six-week Nevada residency requirement
• NRS 125A.085 — UCCJEA home state jurisdiction
• NRS 125B.080; NRS 425.620; NAC 425.100-425.170 — Current child support guidelines
• NRS 200.359 — Unlawful removal or concealment of a child; category D felony
• NRS 33.017-33.100 — Domestic violence; protective orders; TPO and EPO
• SB 275 (2023) — Enhanced domestic violence presumption against custody
• 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
• Nevada Judiciary Self-Help Center: https://selfhelp.nvcourts.gov
• Nevada State Collection and Disbursement Unit (SCaDU): Child support payment processing
• COPE Class Information: https://www.familylawselfhelpcenter.org/self-help/custody-paternity-child-support/mandatory-mediation-and-mandatory-co-parenting-cope-class