How to File a Motion for Child Custody

It may take a while until your custody case is finished and the judge enters all the final orders. If there are some issues that you would like the judge to sort out while you are waiting for the final decision (such as DNA testing or temporary custody or child support issues), you can find information on this page about how to ask for temporary orders, and how to respond to a motion for temporary orders filed against you.

Before you begin:

Is this page for me?This page is for people who already have a custody case open, or who are about to file a Complaint to open a case. If you do not yet have a case filed or ready to file, visit How to File for Custody.
What is a motion and an opposition? A "motion" is a written request that asks the judge to make some orders and your reasons why. It is more detailed than the initial paperwork filed in the case. An "opposition" is the other party's response. The parties are required to serve copies of their filed motion or opposition on the other party; the court does not serve them.
Who can file a motion?Either party. But the court rules require you to try and solve the issue privately with the other party first. If you do not and the judge thinks you could have resolved this without filing a motion, you could be sanctioned.
Will there be a hearing?It's up to you. The motion can request a hearing or ask the judge to issue a written decision without a hearing. If the motion does not ask for a hearing, the opposition can.
What issues can a temporary orders deal with?
- Paternity: The judge can order a DNA test if paternity is in question.
- Temporary Child Custody and Visitation: The judge can put a temporary custody and visitation schedule in place so you and the other parent know when the children should be with each parent.
- Temporary Child Support: A judge can set temporary child support based on the temporary custody and visitation schedule.
How long do temporary orders last?These are temporary and are meant to provide some guidance while the case is going forward. The final orders are decided when you and the other parent settle the case, or at trial.

Follow these steps to file a motion or an opposition:

Copy bw 1. Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your motion/opposition.

Clerk bw 2. File the forms. Turn in your completed forms by mail or efiling.

Service by mail bw 3. Serve the other party. You are responsible for serving the other party with a copy of your filed forms, usually by mail or e-service.

Court bw 4. Get ready for the hearing. Make sure you know how to prepare for court.

Important bw 5. Prepare an order. After the judge makes a decision, someone has to write up the decision into a formal court order.

Learn more about each step below.

1. Fill out the forms

AUTOMATED FORMS INTERVIEW AVAILABLE!

If you want to file a motion for temporary custody, visitation, or child support, there is an automated interview available that will complete your forms for you after you answer some questions. To use the automated interview, please click here and select the "FAMILY LAW CASES: Motion for Temporary Orders" interview. At the end of the interview you will have to save your forms and file them with the family court. It is best to use Chrome or Firefox (Safari is not recommended and not supported).

The individual forms are below if you prefer to fill them out separately.

Motion / Opposition Fee Information Sheet

This form is required. It tells the Clerk of Court whether you have to pay a filing fee. If you have already paid your initial appearance fee, there is usually no fee to file a motion or opposition for temporary orders because it is a "motion filed before final Custody Decree," and therefore excluded from the usual filing fees.

Motion / Opposition Fee Information Sheet (pdf fillable)

The Motion / Opposition

One of these forms is required. Select the one that best matches the issues you want the judge to address.

FYI!

File a "motion" if you are the one who wants to set a court date. File an "opposition" if you received a motion from the other party and want to respond. If you filed the original motion, and the other party filed an opposition that you would like to respond to, you can file a Reply to Opposition / Countermotion (pdf fillable) where you can let the judge know any additional facts to support your case.

Establish Paternity Only: This motion may be used by parents who are not sure about paternity and would like to have a DNA test done or otherwise need to establish paternity.This motion does not include any custody issues; use the motion for temporary custody below to ask for paternity AND custody orders.

Motion to Establish Paternity and/or for DNA Testing (pdf)

Motion to Establish Paternity and/or for DNA Testing (pdf fillable)

Temporary Custody, Visitation, and/or Child Support: This may be used by parents who want temporary orders regarding custody, visitation, and/or child support. A parent may also request a DNA test if needed.

Motion for Temporary Custody, Visitation, and/or Child Support (pdf)

Motion for Temporary Custody, Visitation, and/or Child Support (pdf fillable)

Opposition to Motion for Temporary Custody, Visitation, and/or Child Support (pdf)

Opposition to Motion for Temporary Custody, Visitation, and/or Child Support (pdf fillable)

Permission to Relocate with a Child: If you need the court's permission to move out of Nevada or to a place inside Nevada that is fairly far away from the other parent, you can file a Motion for Permission to Relocate instead of the above motions. The forms can be found here.

Financial Disclosure Form

This form is required if you or the other parent are asking for any financial orders, such as child support. You do not need to complete the "Personal Asset and Debt Chart" on this form, but complete all of the other sections. Attach your three most recent paystubs to this form.

Financial Disclosure Form (pdf)

Financial Disclosure Form (pdf fillable)

2. File the forms

Just like with your initial documents, you can file the papers in one of these ways:

Online through eFileNV.
Mail (Family Court, 601 North Pecos, Las Vegas, NV 89101).
In person at the Family Courthouse (check our How to File page for hours and more information)

When you file a motion, the Clerk will file a Clerk's Notice of Hearing.This sets the court date, or if you did not request a hearing, it will set the date when the judge will review your motion to make a written decision. Save this document.

If there is an emergency, you can file additional documents asking the judge to hear your case sooner. Use the following instructions and forms to ask the judge to hear your case quickly.

OST Instructions - detailed steps about the process

Ex Parte Application for an Order Shortening Time (pdf fillable) - file this with your other forms

Order Shortening Time (pdf fillable) - fill this out and email it to the judge for consideration

3. Serve the other party

This step and the Certificate of Service form below are required! If you do not follow this step properly, the judge may cancel your hearing.

All of the documents you filed must be served on the other parent, or, if the other parent is represented by an attorney, the documents must be served on the attorney. It is up to YOU to serve the documents; the court does not serve them for you.

What to Serve: You must serve the papers within 3 days of filing the documents.

A copy of the motion/opposition.
A copy of the Clerk's Notice of Hearing.
A copy of your Financial Disclosure Form if you filed one.
A copy of your Exhibit Appendix if you filed one.
A copy of anything else you filed.

How to Serve the Papers :

Electronic: If the other party is registered with the court's e-service program, you will be able to electronically serve the documents at the time of filing.
By Mail: If the other party has not registered with eFileNV, you will have to send the documents through the U.S. Mail (you can send them by regular mail, there is no need to send them by certified mail).
If you are the Plaintiff and have not yet served the complaint and summons,these forms should be personally served along with your complaint and summons.

Once you serve the documents, you must fill out a Certificate of Service that states when, where, and how you served the documents. The Certificate of Service form is required and must be filed before the court date!

Certificate of Service (pdf) Certificate of Service (pdf fillable)

You can find answers to common questions about service on the Frequently Asked Questions: Service page.

4. Get ready for the hearing

If one of the parties requested a hearing, plan to participate in that hearing.

You can appear by phone or video for most hearings. Fill out one of the following forms and file it at least a week ahead of the hearing to request permission to attend your hearing by video or telephone if you prefer. Learn more about video and phone appearances on the court's informational page.

Telephone Appearance Request (pdf fillable)

Video Appearance Request (pdf fillable)

If you want to attend the hearing in person, plan to arrive at least 20 minutes early to have enough time to park, get through security, and find your courtroom. Check in with the marshal at the courtroom when you arrive.

It is a good idea to review some tips on how to Represent Yourself in Court before you attend the hearing.

5. Prepare an order

The judge will make a decision on the issues, but the judge's decision is not enforceable until it is written into an official order form and signed by the judge. The judge will usually pick one party to "prepare the order." It is that person's responsibility to prepare the written order from the hearing, submit it to the judge for review, and send a copy to the other party. The instructions and forms needed to do this are below.

Order After Hearing - With Children (word fillable)

Order After Hearing - With Children (both parties sign) (pdf)

Order After Hearing - With Children (one party signs) (pdf)

Paternity Order Packet (pdf fillable) (for paternity issues only)

WARNING!

Do not use the forms above if the judge granted a final custody order at your hearing. In that case, see Getting the Final Custody Decree for the correct forms and instructions.

How to File a Motion for Child Custody

Source: https://www.familylawselfhelpcenter.org/self-help/custody-paternity-child-support/going-to-court/175-motions-and-oppositions-for-temporary-orders