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Topic guideUpdated 2026-02-27

Nevada Divorce With Children — Custody & Support

Custody, child support, and parenting plans when children are involved in an Nevada divorce

When children are involved, a Nevada divorce must address custody, visitation, and child support in addition to property division and spousal support. Courts prioritize the Best interests of the child in every decision §125C.0035.

💡The presence of children increases the complexity of a divorce. Both parents must provide financial disclosures, and the court requires a parenting plan before it will finalize the case.

How custody is determined §125C.0035

Courts determine custody based on the best interests of the child, considering factors including the child's wishes (if of sufficient age and capacity), any nomination of a guardian by a parent, domestic violence history, and which parent is more likely to allow frequent contact.

Types of custody

  • Legal custody — the right to make major decisions about the child's education, health care, and welfare
  • Physical custody — where the child lives day-to-day
  • Joint custody — both parents share legal custody, physical custody, or both
  • Sole custody — one parent has primary decision-making authority or residential time

Child support §425.140

Nevada uses an percentage-of-income model to calculate child support.

  • Based on percentage of obligor's gross monthly income
  • Tiered schedule (NAC 425.140): one child — 16% of the first $6,000 of monthly gross income, 8% of $6,001–$10,000, 4% above $10,000; two children — 22%/11%/6%
  • Minimum payment of $100/month; cap applies for high earners
  • Income can be withheld directly from the paying parent's employer

The parenting plan

Most Nevada courts require a written parenting plan that addresses:

  • Regular custody and visitation schedule
  • Holiday and vacation time allocation
  • Transportation arrangements and exchange locations
  • Decision-making authority for education, health, and extracurricular activities
  • Communication protocols between parents
  • Relocation restrictions and notice requirements

Temporary orders during the divorce §125.040

Courts may issue temporary orders for maintenance, child support, cost of suit, and property during pendency of the divorce. Temporary custody and support orders typically remain in effect until the final decree is entered.

✓Document the current parenting arrangement before filing. Courts consider the existing status quo when making temporary and permanent custody decisions.

Modifying custody later

The court may at any time modify or vacate its custody order; a joint custody order may be modified or terminated if it is shown that the best interest of the child requires the modification.

⚠If there is an immediate safety concern involving a child, the court can issue emergency orders on an expedited basis. Do not wait if a child's welfare is at risk.
Prepare for Your Consultation
Quick checklist (Family Law)
Bring what you have — missing items can be filled in later.
Current custody / support
orders (if any)
Key dates
and communications
Income / expense basics
(if support involved)
General preparation tips only. Procedures vary by court and issues.
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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

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Related guides

Nevada Family Law Guide — Divorce, Custody & Support
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Nevada Custody Modification — How to File
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Nevada Child Support — Calculation & Enforcement
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