Child Custody Lawyer in Las Vegas
Gastelum Attorneys represents parents in Clark County custody disputes — joint custody, sole custody, modifications, relocation cases, and enforcement actions. Bilingual English and Spanish.
Jennifer Setters, J.D.
Managing Attorney & Founder
Reviewed by Jennifer Setters, J.D., Managing Attorney & Founder, Gastelum Attorneys · Boyd School of Law, UNLV · Last reviewed: March 2026
- New custody cases — whether connected to a divorce or filed separately
- Contested cases involving domestic violence, substance abuse, or relocation
- Modifications to existing custody orders
- Enforcement when the other parent is violating a court order
Child Custody in Las Vegas: Quick Answers
- In Nevada, courts decide custody based on the child’s best interests under NRS 125C.0035 — not the parent’s gender.
- Joint physical custody generally means at least 40% parenting time for each parent (146+ overnights per year).
- Temporary custody orders often shape final outcomes — the status quo carries enormous weight in Nevada courts.
- Relocating with a child requires 45 days’ written notice and, if the other parent objects, court approval.
- Modifying custody requires proof of a substantial change in circumstances plus a showing that modification serves the child’s best interest.
- SB 275 (effective July 1, 2025) prohibits reunification camps and requires enhanced abuse screening in custody cases.
Gastelum Attorneys is a Las Vegas family law firm that represents parents in child custody disputes in Clark County’s Eighth Judicial District Court. The firm handles joint custody, sole custody, primary physical custody, custody modifications, relocation cases, and enforcement actions under Nevada Revised Statutes Chapter 125C. Since 2018, the firm’s six attorneys have handled over 5,000 family law cases in English and Spanish across Las Vegas, Henderson, and North Las Vegas.
Most custody cases settle before trial. Our role is to position you for the best possible agreement or hearing outcome — starting from the very first temporary order. The parent who enters that first hearing prepared, documented, and legally advised consistently reaches better outcomes than the parent who waits. También disponible en español.
Need Help With a Custody Case?
Every custody situation is different. Our Las Vegas custody attorneys can evaluate your circumstances, explain how Nevada law applies to your case, and outline a strategy to protect your parental rights.
Do I Need a Child Custody Lawyer in Las Vegas?
Nevada law allows parents to represent themselves in custody proceedings, but the practical consequences of doing so are significant. Here’s how to think through whether you need an attorney:
You almost certainly need a lawyer if: the other parent has an attorney, the case involves domestic violence or abuse allegations, one parent wants to relocate, substance abuse is a factor, the other parent is consistently violating court orders, or a custody evaluation has been or may be ordered. These are situations where an unrepresented parent is at a structural disadvantage regardless of the merits of their position.
You may be able to handle it without an attorney if: both parents agree on every aspect of the custody schedule, neither parent has a complex financial or employment situation, and no safety concerns exist. Even in cooperative cases, having an attorney review the final agreement before you sign it typically costs far less than fixing a poorly drafted agreement later.
The mediation question: Nevada requires mediation before most custody trials. Having an attorney prepare you for mediation — even if you attend the session alone — significantly improves outcomes. In our practice, clients who receive legal preparation before mediation consistently reach more favorable and more enforceable agreements than those who arrive without legal advice.
The temporary order problem: If custody needs to be set immediately and the other parent files first, an unprepared parent at the temporary order hearing often loses ground that takes months to recover. This is one of the most common and most avoidable mistakes we see.
Emergency Child Custody Orders in Nevada
When a child faces immediate risk of harm, Nevada courts can issue emergency custody orders without the standard notice requirements. These are among the most time-sensitive matters we handle.
When emergency orders are available: Under Nevada law, a judge can grant an emergency custody order when there is credible evidence that the child faces immediate physical danger — including situations involving domestic violence, active substance abuse that impairs a parent’s ability to care for the child, abduction risk, or other emergency circumstances where waiting for a standard hearing would put the child at risk.
What happens after an emergency order: Emergency orders are temporary by nature. The court will schedule a hearing — typically within 7–10 days — where both parents have the opportunity to be heard. At that hearing, the judge will decide whether to continue, modify, or dissolve the emergency order pending the full custody proceeding. This hearing is critical: the parent who requested the emergency order needs to be fully prepared to substantiate the underlying allegations.
Wrongful use of emergency orders: Emergency custody procedures are sometimes weaponized in custody disputes — filed based on exaggerated or fabricated allegations to gain a tactical advantage. We handle defense of these situations as well, and since SB 275 took effect, courts are required to more carefully scrutinize the basis for emergency filings. If you’ve been served with an emergency custody order, contact us immediately — response time is measured in days, not weeks.
Call (702) 979-1455 if you need to discuss an emergency custody situation. We are available for urgent consultations.
Common Child Custody Cases in Las Vegas: Joint, Sole, Modification, and Relocation
After handling over 5,000 family law cases in Clark County, we’ve found that most custody disputes follow one of four patterns. Knowing which pattern your case fits helps set realistic expectations for timeline, cost, and strategy.
1. The Cooperative Agreement. Both parents want joint custody and can agree on a schedule. These resolve through a stipulated agreement — often in 2–4 weeks without a court hearing. In our experience, about 15% of parents who come to us thinking they agree on everything have terms that wouldn’t hold up legally or that disadvantage one parent without them realizing it. Our role is to make sure the agreement actually protects you before you sign it.
2. The Schedule Dispute. Both parents want meaningful time, but they can’t agree on the specifics — who gets weeknights, how holidays rotate, how summer works. These typically resolve through mediation at the Family Mediation Center. We prepare clients for mediation the same way we prepare for trial.
3. The Safety Concern. One parent raises allegations of domestic violence, substance abuse, neglect, or endangerment. These are the most complex cases we handle — they involve protective orders, custody evaluations, drug testing, and sometimes supervised visitation. Under NRS 125C.0035(5), a documented history of domestic violence creates a rebuttable presumption against custody. We handle these cases from both sides: protecting survivors and defending parents who have been falsely accused as a litigation tactic.
4. The Relocation Fight. One parent wants to move — for a job, family support, or a new relationship — and the other parent objects. These are high-stakes and time-sensitive. Under NRS 125C.007, the relocating parent must give 45 days’ written notice. In our practice, the parent who files proactively — rather than reacting to a move that’s already in progress — has a significant strategic advantage. We handle approximately 15–20 contested relocation cases per year.
Types of Child Custody in Nevada: What Las Vegas Parents Need to Know
Nevada recognizes two distinct categories of custody, each with different implications for your rights and responsibilities as a parent.
Legal Custody
Legal custody determines who makes major decisions about the child’s life — education, medical treatment, religious upbringing, and extracurricular activities. Nevada strongly favors joint legal custody, meaning both parents share decision-making authority even if the child primarily lives with one parent. The court only awards sole legal custody when there’s clear evidence that joint decision-making would harm the child — typically in cases involving documented domestic violence, active substance abuse, or a complete breakdown in parental communication.
Physical Custody
Physical custody determines where the child lives day-to-day. Nevada recognizes three arrangements:
⚖️ Joint Physical Custody: Each parent has the child at least 40% of the time (146+ overnights per year). This is Nevada’s preferred arrangement and the starting presumption in most cases. Common schedules include week-on/week-off, 3-4-4-3 rotations, and 2-2-5-5 patterns.
🏠 Primary Physical Custody: The child lives primarily with one parent while the other has visitation rights (typically every other weekend plus one weeknight, holidays, and extended summer time). Ordered when joint custody isn’t practical due to geographic distance, conflicting work schedules, parenting capacity concerns, or the child’s specific needs.
🔒 Sole Physical Custody: Granted only in serious situations — documented abuse, neglect, endangerment, active addiction, incarceration, or a parent’s complete absence from the child’s life. The non-custodial parent may receive supervised visitation or no contact depending on the circumstances.
| Custody Type | What It Means | When Courts Order It | Common Issues |
|---|---|---|---|
| Joint Legal | Both parents share major decisions | Default in Nevada — most cases | Communication breakdown, conflicting decisions |
| Sole Legal | One parent makes all major decisions | DV, abuse, severe conflict, abandonment | Overriding the other parent, modification requests |
| Joint Physical | Each parent has 40%+ of overnights | Preferred arrangement — most cases | Schedule disputes, school location, relocation |
| Primary Physical | Child lives mostly with one parent | Distance, work schedules, parenting concerns | Visitation enforcement, travel costs |
| Sole Physical | Child lives with one parent only | Abuse, neglect, addiction, incarceration | Supervised visitation, no-contact orders |
How Nevada Courts Decide Custody: The Best Interest Factors
Every custody decision in Nevada is governed by the “best interest of the child” standard under NRS 125C.0035. This isn’t a formula — it’s a multi-factor analysis where the judge weighs the totality of the evidence.
The Statutory Best-Interest Factors Under NRS 125C.0035
📋 The child’s wishes: In Nevada, there is no fixed age at which a child can choose. If the child is old enough and mature enough to express a meaningful preference, the judge will consider it. A 14-year-old’s clearly articulated preference carries significant weight, while a 7-year-old’s preference is noted but rarely determinative. Judges are alert to coaching — a child who repeats one parent’s legal arguments verbatim actually hurts that parent’s case.
👨👩👧 Each parent’s relationship with the child: The court examines who has been the child’s primary caretaker — who attends doctor’s appointments, school events, and extracurricular activities, who helps with homework, and who the child turns to for comfort. The real disputes rarely arise from disagreements about who does more — they arise from one parent’s inability to document what they’ve done. We advise every custody client to start keeping a parenting log from day one.
👧👦 The child’s relationship with siblings: In Nevada, courts strongly prefer keeping siblings together unless there’s a compelling reason to separate them. Sibling separation is ordered in fewer than 5% of cases — typically only when children have dramatically different needs or a strong, clearly expressed preference.
⚠️ Domestic violence or abuse: In Nevada, any history of domestic violence creates a rebuttable presumption against custody for the abusive parent under NRS 125C.0035(5). This is the most heavily weighted factor in practice. Since SB 275 took effect in July 2025, judges must conduct enhanced abuse screening and can no longer order reunification camps.
🧪 Substance abuse: Drug or alcohol abuse by either parent is evaluated for its impact on parenting ability and the child’s safety. The judge may order drug testing, hair follicle testing, or substance abuse evaluations. A parent with a documented history of substance abuse who can show sustained recovery, completion of treatment, and clean test results has a much stronger position than one who denies a problem the evidence clearly supports.
🩺 Each parent’s mental and physical health: In Nevada, health issues that affect a parent’s ability to care for the child are considered, though disability alone is never grounds to deny custody. This factor becomes relevant primarily when a parent’s untreated mental health condition directly impacts their parenting.
🤝 The “friendly parent” factor: Nevada courts evaluate each parent’s willingness to foster a healthy relationship between the child and the other parent. A parent who interferes with visitation, badmouths the other parent in front of the child, or attempts parental alienation will face consequences — judges have changed custody arrangements based on this factor alone.
🏫 The child’s adjustment: In Nevada, stability matters. The judge considers the child’s current school, community, friendships, and social connections when evaluating whether a change in custody would be disruptive. This factor becomes especially important in modification cases.
📎 Any other relevant factor: Judges have broad discretion to consider anything that impacts the child’s well-being — work schedules, living conditions, support network, co-parenting history, and the proximity of each parent’s home to the child’s school.
Building Your Custody Case
We help you prepare documentation, witness statements, school records, communication logs, and evidence that demonstrate your parenting strengths and your child’s best interests. Our attorneys handle contested custody matters in Clark County regularly — we know what local judges look for.
Call (702) 979-1455 or contact us online to start building your case.
Nevada Custody Law Updates 2025–2026: SB 275 Child Safety Protocols
Nevada Custody Laws: What Changed in 2025–2026
Effective July 1, 2025, Senate Bill 275 implemented major child safety protections that change how contested custody cases are handled in Nevada. Our attorneys are actively litigating cases under these new standards and have adapted our case strategies accordingly.
Ban on Reunification Camps: Judges can no longer order children to attend “reunification camps” — programs that forcibly separate children from a protective parent to compel a relationship with the other parent. This practice had been widely criticized for placing children in potentially harmful situations.
Enhanced Abuse Screening: Courts must now conduct more thorough evaluations of abuse allegations before ordering custody arrangements. Judges are required to consider the totality of evidence, including prior protective orders, police reports, and documented patterns of behavior — not just the most recent incident.
Parental Alienation Claims: SB 275 requires judges to carefully distinguish between legitimate estrangement (where a child’s rejection of a parent is based on that parent’s actual behavior) and manipulative alienation tactics. In our practice, this has changed how we present alienation evidence — judges now want more documentation and less speculation.
If you’re involved in a custody case where alienation or abuse allegations are at issue, contact us to discuss how SB 275 affects your specific situation.
Where Child Custody Cases Are Heard in Las Vegas
All child custody cases in Clark County — whether filed as part of a divorce or as a standalone custody action — are heard in the Eighth Judicial District Court, Family Division, located at 601 N. Pecos Road in Las Vegas. Understanding the local procedures and the courthouse’s specific requirements matters in every custody case.
Filing: Custody proceedings begin at the Family Division clerk’s office. Cases filed as part of a divorce proceed under the divorce cause number. Standalone custody actions (for unmarried parents or post-decree matters) are filed separately.
Mediation: Nevada requires most parents to attend the Family Mediation Center before a trial date can be set. The FMC operates separately from the courthouse and charges fees based on income. Many cases resolve at this stage.
COPE class: Both parents in cases involving minor children must complete the Court Ordered Parenting Education (COPE) class before the court will enter a final custody order. The class is offered online and in person.
Self-help resources: The Legal Aid Center of Southern Nevada provides self-help resources for unrepresented parents at the courthouse. If you’re considering representing yourself, their materials are a useful starting point — though they are not a substitute for legal counsel in contested matters.
Our office at 718 S 8th Street is approximately two miles from the Family Division courthouse. We appear regularly in Clark County family court and are familiar with local judicial preferences, mediator tendencies, and FMC procedures.
The Custody Process in Clark County: A Step-by-Step Timeline
Step 1: Filing · Week 1
Custody proceedings begin with filing a Complaint for Custody (for unmarried parents) or as part of a Las Vegas divorce proceeding with the Eighth Judicial District Court, Family Division. We advise the filing parent to organize all documentation — school records, medical records, communication logs, financial records — before serving the other parent.
Step 2: Temporary Orders · Weeks 2–4
If custody needs to be established immediately, we file a Motion for Temporary Custody to set a schedule while the case proceeds. This step is critical — the status quo established here carries enormous weight in the final outcome.
Step 3: Mandatory Mediation · Months 2–3
Nevada requires parents to attend the Family Mediation Center (FMC) before a custody trial can be scheduled. We prepare clients for mediation the same way we prepare for trial — with organized evidence, a clear proposal, and fallback positions identified in advance.
Step 4: Custody Evaluation (If Needed) · Months 3–6
In contested cases, the judge may appoint a custody evaluator — a licensed psychologist or social worker who interviews both parents, observes the child with each parent, reviews relevant records, and submits a detailed recommendation. Preparation with your attorney before the evaluation is one of the most important steps we take.
Step 5: Discovery and Preparation · Months 3–6
Both sides exchange relevant evidence — financial documents, communication records, school and medical records, and witness lists. This is where thorough case preparation makes the difference between a strong position and a weak one.
Step 6: COPE Class · Complete before final hearing
If minor children are involved, both parents must complete the Court Ordered Parenting Education (COPE) class before the court will finalize any custody arrangement. Don’t put this off — we’ve seen cases delayed because a parent hadn’t completed COPE.
Step 7: Trial or Settlement · Months 6–12 (contested) or 2–4 weeks (agreed)
The majority of custody cases settle before trial through negotiation or mediation. When settlement isn’t possible, the judge hears testimony, reviews evidence, and issues a custody order based on the best-interest factors. Our attorneys have trial experience in Clark County family court — we don’t push settlement when the other side’s position is unreasonable.
How Long Does a Custody Case Take in Las Vegas?
Timeline depends entirely on whether the case is contested and the complexity of the issues involved:
- Cooperative cases where both parents agree: 2–4 weeks from filing to final order
- Contested cases going through mediation: 3–6 months
- Contested cases requiring a custody evaluation: 6–12 months
- High-conflict cases involving abuse allegations, relocation, or trial: 12–18 months
The biggest delays in Clark County come from parents who aren’t prepared — missing deadlines, incomplete documentation, failing to complete the COPE class. Clients who follow their attorney’s preparation timeline consistently resolve faster than those who don’t.
How Much Does a Child Custody Lawyer Cost in Las Vegas?
Child custody attorney fees in Las Vegas vary based on the complexity of the case and whether it resolves through agreement, mediation, or trial:
- Cooperative agreement / stipulated custody order: Flat-fee arrangements are common; relatively limited attorney time required
- Mediated custody cases: Moderate cost — preparation, mediation attendance, and agreement drafting
- Contested cases going through evaluation and trial: Substantially higher — discovery, evaluator coordination, hearing preparation, and trial time
Call (702) 979-1455 or contact us online to discuss fees for your specific situation. We offer payment plans and financing options.
Relocation Cases in Nevada
If a custodial parent wants to move with the child — whether across Nevada or to another state — Nevada law imposes strict requirements under NRS 125C.007. Relocation cases are among the most time-sensitive matters we handle — delays of even a few weeks can change the outcome.
Notice Requirements
The relocating parent must provide written notice to the other parent at least 45 days before the move (or within 5 days of learning about the need to relocate if the move is urgent). The notice must include the intended move date, new address, reason for relocation, and a proposed revised custody schedule.
What Courts Consider
If the non-relocating parent objects, the judge evaluates whether the move serves the child’s best interests by examining: the reason for the move, the impact on the child’s education and social connections, whether the move improves the child’s overall quality of life, the relocating parent’s willingness to facilitate continued contact with the other parent, and the feasibility of maintaining a meaningful relationship across the distance.
The parent who proposes a detailed, workable long-distance parenting plan has a much stronger case. The court wants to see that the relocating parent has genuinely thought through how the child will maintain the relationship with the other parent.
How to Modify a Child Custody Order in Las Vegas, Nevada
Custody orders are not permanent. Under Nevada law, either parent can request a modification when there has been a substantial change in circumstances that affects the child’s well-being. The most common grounds we see in our practice:
Changes in parenting capacity: A parent developing substance abuse issues, mental health problems, or engaging in domestic violence since the original order was entered.
Repeated parenting-time interference: One parent consistently denying the other’s court-ordered time with the child, making unilateral decisions, or attempting parental alienation. Document every instance — dates, times, screenshots of communications — because judges want patterns, not isolated incidents.
Relocation: A parent’s proposed move that would make the current schedule impractical.
Changed child needs: New medical diagnoses, special education requirements, behavioral issues, or developmental needs that require a different parenting arrangement.
The child’s maturity: A custody schedule that worked for a toddler may not work for a teenager with school activities, jobs, and social commitments. We handle a significant number of modification cases for parents of adolescents whose original orders were set when the children were much younger.
Domestic Violence and Custody
Nevada takes domestic violence extremely seriously in custody cases. Under NRS 125C.0035(5), there is a rebuttable presumption that a parent who has committed domestic violence should NOT receive custody. The abusive parent must overcome this presumption by demonstrating rehabilitation, completion of treatment programs, and that custody would serve the child’s best interests despite the history of violence.
If you’re a survivor of domestic violence, a Temporary Protective Order (TPO) can provide immediate protection and establish temporary custody while your case proceeds. Our attorneys regularly help clients obtain TPOs through the Justice Court and integrate protective orders into broader custody strategy.
If you’ve been falsely accused of domestic violence as a custody tactic — which we see in contested cases — we build evidence-based defenses that expose the strategic motivation behind the allegations. Since SB 275, the court is required to more carefully distinguish between genuine abuse and litigation tactics, which has changed how we present these defenses.
Grandparent and Third-Party Visitation Rights
Nevada law provides limited circumstances under which grandparents and other third parties can petition for visitation. Under NRS 125C.050, grandparents may request reasonable visitation if one parent is deceased, the parents are divorced or separated, or the child was born out of wedlock. The judge must find that visitation is in the child’s best interest and that the grandparent had an existing meaningful relationship with the child.
Grandparent visitation petitions succeed most often when the grandparent can document a longstanding, consistent caregiving role — babysitting multiple days per week, attending school events, participating in medical appointments — rather than simply asserting a general family bond.
Child Support and Parenting Time
Custody arrangements directly affect child support calculations. In primary custody situations, the non-custodial parent pays a percentage of their gross monthly income based on Nevada’s tiered formula under NRS 125B.070: 18% for one child, 25% for two children, 29% for three children, plus 2% per additional child. In joint custody arrangements, both parents’ incomes are calculated and the higher earner pays the offset difference.
📊 Estimate Your Child Support → Nevada Child Support Calculator
Free tool to calculate potential support amounts based on your income and custody arrangement. For detailed information on Nevada’s child support system, visit our Las Vegas child support attorney page.
What a Las Vegas Child Custody Attorney Looks for in a Strong Case
After handling thousands of custody cases, our attorneys have observed patterns that significantly affect outcomes — things that aren’t written in the statutes but matter in practice:
Communication records are the most powerful evidence. Text messages, emails, and co-parenting app logs tell the judge more than any testimony. A parent who communicates calmly, proposes reasonable solutions, and documents the other parent’s refusals or hostility builds a case file that speaks for itself. We’ve seen judges read text message exhibits for 20 minutes during hearings.
Custody evaluations aren’t interviews — they’re investigations. When a custody evaluator is appointed, they’re observing your home, talking to your child’s teachers, reviewing your communication records, and watching how your child interacts with each parent. Clients who treat the evaluation casually consistently receive less favorable recommendations.
What you do in the first 30 days shapes the case. Parents who begin documenting their involvement, attending all school events, keeping appointment records, and communicating professionally through a co-parenting app from day one consistently build stronger files than those who start months later when they realize documentation matters.
Judges read the co-parenting record, not your version of events. The parent who demonstrates flexibility, prioritizes the child’s wellbeing over winning, and supports the child’s relationship with the other parent — consistently and demonstrably — earns credibility with the court. The parent who escalates, alienates, and documents grievances for litigation typically does not.
Factors Outside an Attorney’s Control
Transparency matters. Even with thorough preparation and strong legal strategy, certain factors in a custody case are beyond any attorney’s ability to control:
Evaluator personality and perspective. Court-appointed custody evaluators are licensed professionals, but they bring individual perspectives to their assessments. How a specific evaluator interprets parenting styles, weighs certain behaviors, or perceives parent-child interactions varies — and that interpretation significantly influences their recommendation.
Judicial calendar and timing. Court scheduling in the Eighth Judicial District is subject to delays — judge reassignments, crowded dockets, and emergency matters that push hearings back.
Parent behavior after filing. We can prepare the strongest legal strategy in the world, but a client who sends hostile text messages, violates the temporary order, badmouths the other parent to the child, or posts inflammatory content on social media can undermine months of work in a single moment. We set clear behavioral guidelines from day one.
The other parent’s choices. Settlement requires two willing parties. When the other side is unreasonable, refuses mediation, hides information, or escalates conflict, the timeline and cost increase regardless of our client’s good-faith efforts.
Can a Father Get Custody in Nevada?
Yes. In Nevada, custody law is completely gender-neutral under NRS 125C.0035. Courts evaluate both parents equally based on the best-interest factors — parenting involvement, stability, and the child’s needs, not the parent’s gender. Fathers who document active, consistent involvement in their child’s daily life receive joint or primary custody at rates comparable to mothers in Clark County courts. The outdated assumption that family court favors mothers is not what we see in the Eighth Judicial District. We represent both mothers and fathers.
Child Custody Attorney Serving Las Vegas, Henderson, and North Las Vegas
While our office is in downtown Las Vegas at 718 S 8th Street, we represent parents throughout the valley. All custody cases in Clark County are heard at the same courthouse, so regardless of where you live, our team can represent you effectively.
Henderson: Green Valley, Anthem, MacDonald Ranch, Seven Hills, Lake Las Vegas, Inspirada, Cadence. See our Henderson family lawyer page for area-specific information.
North Las Vegas: Aliante, Eldorado, North Las Vegas Airport area, and surrounding communities. See our North Las Vegas family lawyer page.
Las Vegas Valley: Summerlin, Spring Valley, Enterprise, Paradise, Whitney Ranch, and all areas within Clark County.
470 Google reviews · 4.8 stars — Gastelum Attorneys has represented Clark County parents in custody matters since 2018. Our six attorneys handle custody exclusively within Nevada family law — divorce, custody, support, adoption, and guardianship.
Frequently Asked Questions: Child Custody Lawyer Las Vegas
Yes. In Nevada, custody law is completely gender-neutral under NRS 125C.0035. Courts evaluate both parents equally based on best-interest factors — parenting involvement, stability, and the child’s needs, not the parent’s gender. Fathers who document active, consistent involvement in their child’s daily life receive joint or primary custody at rates comparable to mothers in Clark County courts.
In Nevada, there is no specific age at which a child can legally choose. The judge may consider an older child’s preferences as one factor among many, but the decision rests on the full best-interest analysis under NRS 125C.0035. A teenager’s clearly articulated, genuine preference carries meaningful weight — but judges are trained to distinguish between a child’s authentic feelings and a child who has been coached.
In Las Vegas, cooperative cases where both parents agree can finalize in 2–4 weeks. Contested cases in Clark County typically take 6–12 months, depending on whether mediation succeeds and whether a custody evaluation is ordered. High-conflict cases involving abuse allegations or relocation disputes can take 12–18 months.
In Las Vegas, fees vary based on complexity. Cooperative agreements and stipulated orders involve limited attorney time and are often handled at a flat fee. Contested cases going through mediation, evaluation, and potentially trial involve substantially more attorney time. Call Gastelum Attorneys at 702-979-1455 to discuss fees for your specific situation.
In Nevada, courts evaluate each parent’s willingness to support the child’s relationship with the other parent under NRS 125C.0035. A parent who interferes with visitation, makes disparaging remarks about the other parent in front of the child, or tries to turn the child against the other parent risks losing custody. Judges in Clark County have changed custody arrangements based primarily on this factor.
Yes. In Nevada, either parent can request a modification if there’s been a substantial change in circumstances affecting the child’s well-being — relocation, new safety concerns, changes in work schedules, or the child’s evolving needs. The requesting parent must prove both the changed circumstances and that modification serves the child’s best interest.
While not legally required, having an attorney prepare you before mediation significantly improves outcomes. In Nevada, the outcome of mediation frequently becomes the final custody order, making preparation critical. Your attorney helps you prepare your proposal, understand your legal rights, and ensure any mediated agreement actually protects your interests before you sign.
In Nevada, a court-appointed evaluator interviews both parents and the child, observes parent-child interactions, reviews school and medical records, and submits a written recommendation to the judge. Judges in Clark County family court take evaluator recommendations seriously — making the evaluation one of the most consequential events in any contested custody case. Preparation with your attorney before the evaluation is essential.
In Nevada, you cannot move out of state with your child without either the other parent’s written consent or court permission. Under NRS 125C.007, you must provide 45 days’ written notice before relocating. If the other parent objects, the court holds a hearing to determine whether the move serves the child’s best interests. Moving without permission can result in contempt charges and loss of custody.
In Nevada, to modify a custody order you must file a Motion to Modify Custody in the same court that issued the original order. You must demonstrate a substantial change in circumstances affecting the child’s well-being since the original order — and that modification serves the child’s best interest. Common grounds include relocation, a parent’s substance abuse or domestic violence, repeated parenting-time interference, or the child’s evolving needs.
Why Las Vegas Parents Choose Gastelum Attorneys for Child Custody
Since 2018, Gastelum Attorneys has been trusted by thousands of Clark County parents to handle their most important custody disputes. Our team of six family law attorneys focuses exclusively on family law — divorce, custody, Las Vegas child support, spousal support, adoption, and guardianship. We do not dabble in custody as a side practice.
5,000+ Family Law Cases: Our depth of experience means we’ve seen virtually every custody scenario — from amicable joint custody agreements to high-conflict trials involving allegations of abuse, substance issues, and relocation.
Strong in Both Mediation and Trial: Many cases settle through negotiation and mediation, saving time and money. But when the other side won’t be reasonable, we’re fully prepared to take your case to trial and fight for your rights in front of a judge.
Bilingual Services: We serve Las Vegas’s diverse community with fluent English and Spanish services throughout every stage of the custody process.
Meet Managing Attorney Jennifer Setters
Jennifer Setters, J.D. is a first-generation Mexican-American and long-time Las Vegas resident. She earned her Bachelor of Arts in Criminal Justice from UNLV and her J.D. from the William S. Boyd School of Law. Fluent in English and Spanish, Jennifer founded Gastelum Attorneys in 2018 to help Nevada families navigate custody, divorce, and support matters with diligence and strategic focus. Under her leadership, the firm has grown to six attorneys and handled more than 5,000 cases across Clark County.
Protect Your Parental Rights
Your child’s future is too important to leave to chance. Whether you’re entering a new custody case, seeking a modification, or fighting a relocation, our Las Vegas custody attorneys are here to help.
Gastelum Attorneys
718 S 8th Street, Las Vegas, NV 89101
This page was reviewed by the family law attorneys at Gastelum Attorneys and reflects Nevada law as of March 2026. Laws change, and every case is different. This information is educational and does not constitute legal advice for your specific situation.
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