1. A court may award primary physical custody to a parent if the court determines that joint physical custody is not in the best interest of a child. An award of joint physical custody is presumed not to be in the best interest of the child if:
(a) The court determines by substantial evidence that a parent is unable to adequately care for a minor child for at least 146 days of the year;
(b) A child is born out of wedlock and the provisions of subsection 2 are applicable; or
(c) Except as otherwise provided in subsection 6 of NRS 125C.0035 or NRS 125C.210, there has been a determination by the court after an evidentiary hearing and finding 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. The presumption created by this paragraph is a rebuttable presumption.
2. A court may award primary physical custody of a child born out of wedlock to:
(a) The mother of the child if:
(1) The mother has not married the father of the child;
(2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered; and
(3) The father of the child:
(I) Is not subject to any presumption of paternity under NRS 126.051;
(II) Has never acknowledged paternity pursuant to NRS 126.053; or
(III) Has had actual knowledge of his paternity but has abandoned the child.
(b) The father of the child if:
(1) The mother has abandoned the child; and
(2) The father has provided sole care and custody of the child in her absence.
3. As used in this section:
(a) "Abandoned" means that a mother or father has:
(1) Failed, for a continuous period of not less than 6 months, to provide substantial personal and economic support to the child; or
(2) Knowingly declined, for a continuous period of not less than 6 months, to have any meaningful relationship with the child.
(b) "Expedited process" has the meaning ascribed to it in NRS 126.161.
(Added to NRS by 2015, 2582)
Structure Nevada Revised Statutes
Chapter 125C - Custody and Visitation
NRS 125C.0015 - Parents have joint custody until otherwise ordered by court.
NRS 125C.002 - Joint legal custody.
NRS 125C.0025 - Joint physical custody.
NRS 125C.004 - Award of custody to person other than parent.
NRS 125C.005 - Plan for carrying out court’s order; access to child’s records.
NRS 125C.007 - Petition for permission to relocate; factors to be weighed by court.
NRS 125C.0075 - Unlawful relocation with child; attorney’s fees and costs.
NRS 125C.040 - Imprisonment for contempt: Violation of condition; failure to return when required.
NRS 125C.050 - Petition for right of visitation for certain relatives and other persons.
NRS 125C.0605 - "Adult" defined.
NRS 125C.0607 - "Caretaking authority" defined.
NRS 125C.0609 - "Child" defined.
NRS 125C.0610 - "Civilian employee" defined.
NRS 125C.0611 - "Close and substantial relationship" defined.
NRS 125C.0613 - "Court" defined.
NRS 125C.0615 - "Custodial responsibility" defined.
NRS 125C.0617 - "Decision-making authority" defined.
NRS 125C.0619 - "Deploying parent" defined.
NRS 125C.0621 - "Deployment" defined.
NRS 125C.0623 - "Family member" defined.
NRS 125C.0625 - "Limited contact" defined.
NRS 125C.0627 - "Nonparent" defined.
NRS 125C.0629 - "Other parent" defined.
NRS 125C.0631 - "Record" defined.
NRS 125C.0633 - "Return from deployment" defined.
NRS 125C.0635 - "Service member" defined.
NRS 125C.0637 - "State" defined.
NRS 125C.0639 - "Uniformed service" defined.
NRS 125C.0643 - Notice required of deploying parent.
NRS 125C.0645 - Duty to notify of change of address.
NRS 125C.0647 - General considerations in custody proceeding of parent’s military service.
NRS 125C.0649 - Form of agreement.
NRS 125C.0651 - Nature of authority created by agreement.
NRS 125C.0653 - Modification of agreement.
NRS 125C.0655 - Power of attorney.
NRS 125C.0657 - Filing agreement or power of attorney with court.
NRS 125C.0659 - Proceeding for temporary custody order.
NRS 125C.0661 - Expedited hearing.
NRS 125C.0663 - Testimony by electronic means.
NRS 125C.0665 - Effect of prior judicial decree or agreement.
NRS 125C.0667 - Grant of caretaking or decision-making authority to nonparent.
NRS 125C.0669 - Grant of limited contact.
NRS 125C.0671 - Nature of authority created by order.
NRS 125C.0673 - Content of temporary custody order.
NRS 125C.0675 - Order for child support.
NRS 125C.0677 - Modifying or terminating grant of custodial responsibility to nonparent.
NRS 125C.0681 - Consent procedure.
NRS 125C.0683 - Visitation before termination of temporary grant of custodial responsibility.
NRS 125C.0689 - Costs and attorney’s fees.
NRS 125C.0691 - Uniformity of application and construction.
NRS 125C.0693 - Relation to Electronic Signatures in Global and National Commerce Act.