Las Vegas Child Custody Lawyer

Child custody lawyers for Las Vegas and Clark County parents: parenting-time disputes, custody modifications, relocation, enforcement and emergency orders. Our custody attorneys handle family law exclusively, in English and Spanish, from an office a short drive (about three miles) from the Family Courts and Services Center, where Clark County custody cases are heard.

How we work: we do not offer free consultations. Your case begins with a paid case evaluation with an attorney who reviews your situation, explains your options under Nevada law, and gives you a candid assessment before you commit to representation.

Custody Cases We Handle in Clark County

What Happens When You Contact Us

1. Case evaluation. You meet with an attorney (in person or by phone, English or Spanish) who reviews your custody situation, your existing orders if any, and your goals.
2. Strategy and fee agreement. You receive a clear assessment of your options under NRS Chapter 125C, the likely path your case will take in Clark County Family Court, and the fee structure for your matter before you commit.
3. Immediate action. Once retained, we file or respond promptly. Where temporary orders are needed, we move for them early, because the arrangements set at the temporary stage often shape the rest of the case.

Gastelum Attorneys holds a 4.8-star rating across more than 470 Google reviews.

Quick Answers for Las Vegas Parents

How is child custody decided in Nevada?

In Nevada, courts decide child custody based strictly on the best interest of the child under NRS 125C.0035, not the parent's gender. Judges weigh statutory factors including each parent's relationship with the child, ability to cooperate, and any history of domestic violence.

What is joint physical custody in Nevada?

Under Nevada case law, joint physical custody generally means each parent has the child at least 40% of the time, roughly 146 or more overnights per year. Courts treat that threshold as a guideline rather than a rigid cutoff; arrangements below it are generally treated as primary physical custody for one parent with parenting time for the other.

Do mothers automatically get custody in Nevada?

No. Nevada law prohibits courts from favoring either parent solely because that parent is the mother or father. Courts instead evaluate each parent's relationship with the child, ability to meet the child's needs, willingness to cooperate and the remaining best-interest factors under NRS 125C.0035.

Can I change an existing custody order?

Yes, if there has been a substantial change in circumstances affecting the child's welfare and the modification serves the child's best interest. Common qualifying changes include a parent's relocation, new evidence of abuse or neglect, or persistent violation of the existing order.

How Is Child Custody Decided in Nevada?

Nevada courts decide custody using one standard: the best interest of the child under NRS 125C.0035. The statute directs judges to consider factors including:

• The child's relationship with each parent and each parent's ability to meet the child's needs
• Each parent's willingness to foster the child's relationship with the other parent (the "friendly parent" consideration)
• The level of conflict between the parents and their ability to cooperate on the child's needs
• The child's relationship with siblings and the child's own wishes, if the child is of sufficient age and capacity
• The mental and physical health of the parents
• Any history of domestic violence, abuse, neglect or abduction

Two points matter in practice. First, the friendly parent consideration has teeth: interference with parenting time, disparaging the other parent in front of the child, or attempts to turn the child against the other parent can weigh heavily against a parent under the best-interest analysis, and on the right record can support a change of custody; we have seen Clark County courts modify custody on this basis. Second, a finding of domestic violence by clear and convincing evidence creates a rebuttable presumption under NRS 125C.0035 that custody with the perpetrator is not in the child's best interest.

2025–2026 Nevada Custody Law Updates

Limits on court-ordered reunification treatment: Nevada law restricts when a court may remove a child from a protective, non-abusive parent, restrict contact with that parent or order reunification treatment. Before ordering reunification treatment, the court must make specific findings that generally accepted and scientifically valid proof demonstrates that the treatment is safe, effective, of therapeutic value and will not harm the child. The treatment also may not be based on isolating the child from a qualifying protective parent.

Transportation costs in related support calculations: in Martinez v. Martinez (2024), the Nevada Supreme Court held that reasonable transportation costs associated with parenting time must be considered as part of the overall child-support determination under NAC 425.150. Whether those costs result in an adjustment depends on the child's needs and the parties' economic circumstances. See our Las Vegas child support attorney page for how support interacts with custody, and our parenting time calculator to visualize overnight splits.

Types of Custody in Nevada

Nevada recognizes two categories of custody, and each can be joint or sole.

Legal custody is defined as the authority to make major decisions about the child's education, medical care, religious upbringing and other significant needs. Nevada law creates a presumption favoring joint legal custody in specified circumstances, including when the parents agree or when a parent has demonstrated an intent to establish a meaningful relationship with the child.

Physical custody is defined as where the child lives and who provides day-to-day care.

Sole legal or physical custody may be ordered when the court determines that joint custody would not serve the child's best interest. Relevant circumstances can include domestic violence, abuse, neglect, serious impairment, prolonged absence, an inability to care adequately for the child or circumstances that make shared decision-making or parenting time unsafe or unworkable.

The Custody Process in Clark County Family Court

Why hire counsel before temporary orders? In our firm's experience, the arrangements set at the temporary-order stage strongly influence the final outcome: they establish the child's routine, and courts are often hesitant to disrupt a routine that appears to be working. Retaining counsel before that first hearing, rather than after, is one of the most consequential timing decisions in a custody case.

What we assess when we take a custody case: documented day-to-day involvement (school, medical, activities), each parent's record of cooperation and communication, the stability of each household, and any safety issues that trigger statutory presumptions. Parents who keep contemporaneous records of parenting time and communication consistently enter court in a stronger position.

A contested custody case in the Eighth Judicial District's Family Division generally moves through these stages:

1. Filing. A complaint for custody (or divorce with custody) is filed and served; the other parent answers.
2. Temporary orders. Either parent may move for temporary custody, parenting time and support while the case is pending. Because these orders can remain in effect for months, we prepare for this stage as carefully as for trial.
3. COPE seminar. Parents in Clark County cases involving minor children are generally required to complete the court's COPE parenting education class.
4. Mediation at the Family Mediation Center (FMC). Contested custody and parenting-time disputes are generally required to attempt mediation under the court's rules; FMC services are accessed through a court order. Many parenting plans are resolved here.
5. Discovery and evaluation. If mediation does not resolve custody, the parties exchange evidence; in high-conflict cases the court may order interviews or an evaluation.
6. Settlement. In our firm's experience, the substantial majority of custody cases settle before trial, most often after temporary orders and mediation have defined the realistic range of outcomes.
7. Trial and decree. Unresolved issues are tried to a family court judge, who enters final custody orders under the best-interest standard.

What Does a Child Custody Lawyer Cost in Las Vegas?

In Las Vegas, custody fees depend on how contested the case is. Cooperative agreements and stipulated orders generally require less attorney time than cases involving contested hearings, mediation, evaluations, discovery or trial. The main cost drivers are the number of contested hearings, whether the case goes through FMC mediation or a custody evaluation, and how much discovery the disputed issues require. We explain the anticipated fee structure for your specific matter during the paid case evaluation, before you decide whether to retain the firm.

Emergency Custody Orders in Las Vegas

When a child faces immediate risk of harm, Clark County Family Court can grant temporary emergency custody relief on a sharply expedited basis, sometimes within days rather than the months a standard motion can take. Exact timing depends on the department and the strength of the showing: emergency motions must be supported by specific, credible evidence of the danger, not general accusations, and judges scrutinize them closely because they are decided before the other parent is fully heard. We prepare and file emergency motions, and we defend parents against emergency motions filed on thin or false grounds. If you believe your child is in danger, call us immediately at (702) 979-1455, and call 911 first if the danger is happening now.

Modifications, Relocation and Special Custody Situations

Modifying a Custody Order

A Nevada custody order can be modified when there has been a substantial change in circumstances affecting the child's welfare and the modification serves the child's best interest. Qualifying changes commonly include one parent's relocation, a significant change in the child's educational or medical needs, documented new evidence of abuse or neglect, persistent failure to comply with the existing order, or significant changes in a parent's work schedule or living situation.

Relocating With a Child

A parent who wants to move out of Nevada with the child, or far enough within Nevada to substantially impair the other parent's parenting time, must first obtain the other parent's written consent or the court's permission. The procedure depends on the existing order: a parent with primary physical custody petitions for permission to relocate under NRS 125C.006, while a parent with joint physical custody must petition for primary physical custody for the purpose of relocating under NRS 125C.0065. Moving before obtaining consent or a court order can result in loss of custody and, in some circumstances, criminal exposure. Relocation cases are a regular part of our custody practice; in recent years the firm has handled roughly 15 to 20 contested relocation matters annually, on both the petitioning and opposing sides. What we observe in those cases: most contested relocations turn on demonstrated transportation planning rather than distance alone. The parent who presents a detailed, workable plan for maintaining the child's relationship with the non-moving parent has a significantly stronger case than one who simply argues the move is necessary.

Domestic Violence and Custody

A court finding of domestic violence by clear and convincing evidence creates a rebuttable presumption under NRS 125C.0035 that sole or joint custody with the perpetrator is not in the child's best interest. These cases demand careful evidence work on both sides: protective parents need the record properly developed, and falsely accused parents need the presumption rebutted with documentation, not indignation.

Grandparent and Third-Party Visitation

Nevada allows grandparents and certain others with an established relationship to petition for visitation under NRS 125C.050 in limited circumstances, generally where a parent has denied or severely restricted contact. The petitioner must rebut, by clear and convincing evidence, the presumption that a fit parent's decision is in the child's best interest.

Fathers' Custody Rights

Nevada custody law is gender-neutral. Under NRS 125C.0035, a court may not prefer either parent solely because that parent is the mother or father. Fathers and mothers are evaluated under the same best-interest factors, including parenting involvement, stability, cooperation and the child's physical, developmental and emotional needs.

The Clinical Dimension of Custody

Custody disputes are legal proceedings involving a child's wellbeing, which is why this educational page includes a limited clinical perspective. Jeremy Setters, LCSW, contributes information about child development, household transitions and the effects of prolonged parental conflict. His contribution is limited to the educational content on this page and does not constitute legal advice, therapy, a custody evaluation or an opinion regarding any individual case.

A Las Vegas Firm Minutes From Family Court

Gastelum Attorneys is located at 718 S 8th Street, Las Vegas, NV 89101, about three miles from the Family Courts and Services Center at 601 N. Pecos Road, where Clark County custody cases are heard. Our attorneys appear in the Eighth Judicial District's family departments week in and week out; we know the district's local rules, department procedures, the FMC mediation process and the practical rhythms of Clark County custody litigation.

Service areas: the Las Vegas Valley including Summerlin, Spring Valley, Enterprise, Paradise and Whitney Ranch; Henderson; and North Las Vegas including Aliante and Eldorado, plus all of Clark County.

About Gastelum Attorneys

Gastelum Attorneys is a bilingual Las Vegas family law firm founded in 2018 by Jennifer Setters, J.D. (Nevada Bar No. 13126, UNLV William S. Boyd School of Law). Our eight Nevada-licensed attorneys practice family law exclusively: divorce, child custody, child support, spousal support, adoption and guardianship, all in Clark County. The firm has handled more than 5,000 family law cases and holds a 4.8-star rating across 470+ Google reviews. Every case can be handled fully in English or Spanish.

Frequently Asked Questions

Do I need a child custody attorney in Las Vegas?

Parents can represent themselves, and some cooperative cases resolve by agreement without counsel. Representation matters most when custody is contested: disputes over physical custody, relocation, domestic violence, emergency relief, temporary orders or enforcement. Because custody orders carry long-term consequences, getting legal advice before filing or signing an agreement is prudent, and an attorney who knows Clark County Family Court positions your case from the first filing.

How much does a child custody lawyer cost in Las Vegas?

Fees vary with the complexity of the case. An agreed custody matter generally requires less attorney time than a dispute involving temporary orders, mediation, discovery, evaluations or trial. During your paid case evaluation, the attorney will explain the anticipated fee structure based on your circumstances. Call (702) 979-1455 to schedule.

How long does a custody case take in Clark County?

In our firm's experience, stipulated custody orders are typically entered within 2 to 4 weeks, contested cases generally resolve in 6 to 12 months, and high-conflict cases that proceed through evaluation and trial can take 12 to 18 months. Temporary orders protect the child's schedule while the case is pending.

Can my child choose which parent to live with in Nevada?

No Nevada statute lets a child choose outright. Under NRS 125C.0035, the court may consider the wishes of a child who is of sufficient age and capacity to form an intelligent preference, as one factor among many; the older and more mature the child, the more weight the preference tends to carry.

What is the friendly parent doctrine and why does it matter?

Nevada courts evaluate each parent's willingness to support the child's relationship with the other parent under NRS 125C.0035. Interference with parenting time, disparaging the other parent in front of the child, or attempts to damage the child's relationship with the other parent can weigh against that parent in the best-interest analysis and, depending on the record, can support a modification of custody.

Is Nevada a 50/50 custody state?

Nevada courts favor arrangements that keep both fit parents involved, and joint physical custody, generally meaning each parent has roughly 146 or more overnights per year under Nevada case law, is the arrangement our firm sees most often in Clark County cases when both parents are capable and available. It is a preference grounded in the child's best interest, not an automatic rule.

Can I get an emergency custody order?

Yes, when a child faces immediate risk of harm, the court can grant temporary emergency relief on an expedited basis. The motion must be supported by specific, credible evidence; call us immediately if you believe your child is in danger, and call 911 first if the danger is happening now.

Related: Child support attorney Las Vegas · How child custody works in Nevada · Las Vegas divorce lawyer · Parenting time calculator · Contact Gastelum Attorneys