Nevada Emergency Custody Motion

Introduction

Key Things to Know

1. 1

   If a child is in immediate danger, call 911 now. A court filing takes time and cannot protect a child in the moment.

2. 2

   Nevada has no standalone emergency custody statute in NRS 125C. Temporary custody orders come from NRS 125C.0045(1)(a), 'during the pendency of the action', and ex parte relief runs through a temporary restraining order under NRCP 65(b). Confirm with the court clerk whether NRCP 65 is applied to custody motions in your court. The court decides whether to grant any order.

3. 3

   Under NRCP 65(b)(1), specific facts in an affidavit or a verified complaint must clearly show that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition.

4. 4

   A restraining order without written or oral notice may issue only on that showing, and the movant's attorney must certify efforts to give notice and the reasons it should not be required. Ask the clerk about notice timing under your court's local rules.

5. 5

   An ex parte order under NRCP 65(b)(2) expires at the time the court sets, not to exceed 14 days, unless the court extends it once for a like period for good cause or the other party consents to a longer extension. A hearing follows 'at the earliest possible time', and the other party may move to dissolve the order on 2 days' notice.

6. 6

   If the child is present in Nevada and abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse, NRS 125A.335 gives a Nevada court temporary emergency jurisdiction. Ask the clerk whether an official form is required.

7. 7

   For abuse or domestic violence, a verified application for a temporary protective order under NRS 33.020 may include temporary custody if the court has jurisdiction under chapter 125A of NRS (NRS 33.030(1)(d)); the court rules within 1 judicial day. Report abuse to child protective services. For non-emergency changes, see the modifying child custody guide.

Nevada Requirements for Emergency Custody Motion

• Temporary Custody Under NRS 125C.0045

  Nevada has no standalone emergency custody statute. A court may make a custody order during the pendency of the action under NRS 125C.0045(1)(a).

• Ex Parte Order Under NRCP 65(b)

  Ex parte relief runs through a temporary restraining order under NRCP 65(b). Ask the court clerk whether NRCP 65 is applied to custody motions.

• Immediate and Irreparable Injury

  An affidavit or verified complaint must clearly show that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard in opposition (NRCP 65(b)(1)).

• Attorney Certification of Notice Efforts

  For an order without notice, the movant's attorney must certify efforts to give notice and the reasons it should not be required (NRCP 65(b)(1)).

• Order Lasts Up to 14 Days

  An ex parte order expires at the time the court sets, not to exceed 14 days, and may be extended once for a like period for good cause, or longer if the adverse party consents (NRCP 65(b)(2)).

• Motion to Dissolve on 2 Days' Notice

  The adverse party may move to dissolve an order issued without notice on 2 days' notice (NRCP 65(b)(4)).

• Protective Order With Temporary Custody

  A verified application under NRS 33.020 may lead to a temporary protective order granting temporary custody under NRS 33.030(1)(d), if the court has jurisdiction under chapter 125A of NRS. The court rules within 1 judicial day of filing.

• Emergency Jurisdiction Under NRS 125A.335

  A Nevada court has temporary emergency jurisdiction if the child is present and abandoned, or protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.