{"data":{"id":"us-nv/nrs-125c.003","jurisdiction":"us-nv","citation":"NRS 125C.003","heading":"Best interests of child: Primary physical custody; presumptions; child born out of wedlock.","body":"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:\n(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;\n(b) A child is born out of wedlock and the provisions of subsection 2 are applicable; or\n(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.\n2. A court may award primary physical custody of a child born out of wedlock to:\n(a) The mother of the child if:\n(1) The mother has not married the father of the child;\n(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\n(3) The father of the child:\n(I) Is not subject to any presumption of paternity under NRS 126.051;\n(II) Has never acknowledged paternity pursuant to NRS 126.053; or\n(III) Has had actual knowledge of his paternity but has abandoned the child.\n(b) The father of the child if:\n(1) The mother has abandoned the child; and\n(2) The father has provided sole care and custody of the child in her absence.\n3. As used in this section:\n(a) “Abandoned” means that a mother or father has:\n(1) Failed, for a continuous period of not less than 6 months, to provide substantial personal and economic support to the child; or\n(2) Knowingly declined, for a continuous period of not less than 6 months, to have any meaningful relationship with the child.\n(b) “Expedited process” has the meaning ascribed to it in NRS 126.161.","path":["TITLE 11 — DOMESTIC RELATIONS","CHAPTER 125C - CUSTODY AND VISITATION","CUSTODY OF CHILDREN"],"source_url":"https://www.leg.state.nv.us/NRS/NRS-125C.html#NRS125CSec003","current_through":"2025 session (NRS as revised 2026-08-25)","vintage":"","retrieved_at":"2026-09-03T05:51:32Z","sha256":"de60c3d3c4924d2aeb3b466d1fb7808d6c8c68a79d81fac250f9628200f9872d","source_id":"us-nv","stale":true,"prev":"us-nv/nrs-125c.0025","next":"us-nv/nrs-125c.0035"},"notice":"GroundRules: Original legal text. Not legal advice."}