Fillable COURT CODE: MOT Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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COURT CODE: MOT Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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© 2020 Family Law Self-Help Center Motion for Temp Custody, Support, Exclusive Possession
* You are responsible for knowing the law about your case. For more information on the law, this form, and free
classes, visit www.familylawselfhelpcenter.org or the Family Law Self Help Center at 601 N. Pecos Road. To find
an attorney, call the State Bar of Nevada at (702) 382-0504.
1
COURT CODE: MOT
Your Name:
Address:
Telephone:
Email Address:
Self-Represented
DISTRICT COURT
CLARK COUNTY, NEVADA
________________________________
Plaintiff,
vs.
________________________________
Defendant.
CASE NO.: ____________________
DEPT: ____________________
Hearing Requested? ( check one, the clerk will
enter dates when you file)
Yes. Hearing Date: ______________
Hearing Time: ______________
No. Chambers Decision: ___________
MOTION AND NOTICE OF MOTION FOR TEMPORARY CUSTODY, VISITATION,
CHILD SUPPORT, SPOUSAL SUPPORT, AND/OR EXCLUSIVE POSSESSION
TO: Name of Opposing Party and Party’s Attorney, if any, ______________________________
If a hearing was requested above, the hearing on this motion will be held on the date and
time above before the Eighth Judicial District Court - Family Division located at:
(clerk willcheck one)
❑ The Family Courts and Services Center, 601 N. Pecos Road Las Vegas, Nevada 89101.
❑ The Regional Justice Center, 200 Lewis Avenue Las Vegas, Nevada 89101.
❑ The Child Support Center of Southern Nevada, 1900 E. Flamingo Rd #100, LV NV 89119.
NOTICE: You may file a written response to this motion with the Clerk of the
Court and provide the undersigned with a copy of your response within 14
days of receiving this motion. Failure to file a written response with the Clerk
of Court within 14 days of your receipt may result in the requested relief being
granted by the Court without a hearing prior to the scheduled hearing date.
Submitted By:
❑ Plaintiff / ❑ Defendant
/s/
Page 2 of 10 - Motion for Temporary Custody, Support, Exclusive Possession
MOTION
(Your name) ______________________________________ moves this Court for an Order
granting temporary custody, visitation, child support, spousal support, and/or exclusive
possession of the marital residence. ( check one)
I tried to resolve this issue with the other party before filing this motion.
I did not try to resolve this issue with the other party before filing this motion. Any
attempt to resolve the issue would have been useless or impractical because (explain why
you did not try to resolve this issue directly with the other party before filing this motion)
________________________________________________________________________
________________________________________________________________________
Financial Disclosure Form (“FDF”) Certification
( check one)
❑ I filed a FDF in the last 6 months and have no material changes to report.
❑ I understand that I must file my FDF within 3 days of filing this motion to support my
request for temporary child support and any other financial requests. Failure to file a
timely, complete, and accurate FDF may result in the court ruling against me and/or
imposing sanctions.
POINTS AND AUTHORITIES
LEGAL ARGUMENT
When determining physical custody of a child, the sole consideration of the court is the best
interest of the minor child. In determining the best interest of the child, the court shall consider:
a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent
preference as to his or her custody; b) Any nomination of a guardian for the child by a parent; c)
Which parent is more likely to allow the child to have frequent associations and a continuing
relationship with the noncustodial parent; d) The level of conflict between the parents; e) The
ability of the parents to cooperate to meet the needs of the child; f) The mental and physical
health of the parents; g) The physical, developmental and emotional needs of the child; h) The
nature of the relationship of the child with each parent; i) The ability of the child to maintain a
Page 3 of 10 - Motion for Temporary Custody, Support, Exclusive Possession
relationship with any sibling; j) Any history of parental abuse or neglect of the child or a sibling
of the child; k) Whether either parent or any other person seeking custody has engaged in an act
of domestic violence against the child, a parent of the child or any other person residing with the
child; and l) Whether either parent or any other person seeking custody has committed any act
of abduction against the child or any other child. NRS 125C.0035.
There is a presumption that joint physical custody and joint legal custody would be in
the best interest of the child if: 1) the parents have so agreed; or 2) a parent has
demonstrated, or attempted to demonstrate but had his or her efforts frustrated by the
other parent, an intent to establish a meaningful relationship with the child. NRS
125C.0025. A court may award one parent primary physical custody if it determines that joint
physical custody is not in the best interest of the child. NRS 125C.003.
The court shall also determine child support under NRS 125B.080 and/or in accordance with
the guidelines established by the Administrator of the Division of Welfare and Supportive
Services pursuant to NRS 425.620.
In a pending divorce case, the court may order one spouse to pay temporary spousal
support to the other spouse. NRS 125.040. The court may also make orders affecting the
property of the parties, including awarding one spouse temporary exclusive possession of the
community residence. NRS 125.040.
FACTS AND ARGUMENT
1. Number of Minor Children. The parties have (number) ______ minor children in common.
2. Paternity. (☒check one)
❑ Paternity is not disputed.
❑ Paternity needs to be determined. ❑ A DNA test is requested.
Page 4 of 10 - Motion for Temporary Custody, Support, Exclusive Possession
3. Children’s Residency. The minor children’s names, dates of birth, states and lengths of
residence are as follows:
Child’s Name: Date of
Birth
State of
Residence:
How long child has
lived in the state:
Disability
4. Jurisdiction. (☒check one)
❑ The children are residents of Nevada and have lived in Nevada for at least the past 6
months. This Court has the necessary UCCJEA jurisdiction to enter custody orders.
❑ The children have not lived in Nevada for the past 6 months, however, Nevada should
take jurisdiction over custody because: (explain why Nevada is the proper state to issue
custody orders):
A. Request for Temporary Custody and Visitation
5. Legal Custody. Legal custody refers to the ability to make major decisions about the child,
such as medical care, education, and religious upbringing. (☒ check one)
❑ Joint legal custody of the minor children should be awarded to both parties.
❑ Sole legal custody of the children should be granted to (name of parent)
_________________________________ because (explain):
Page 5 of 10 - Motion for Temporary Custody, Support, Exclusive Possession
Joint physical custody generally exists when each parent has physical custody of the
children roughly 40% (146 days) of the time calculated over a one year period.
Primary physical custody generally exists when one parent has physical custody of
the children more than 60% (219 days) of the time calculated over a one year period.
6. Physical Custody. Physical custody refers to the amount of time the child spends in the care
of each parent. (☒ check one)
❑ The parties should have joint physical custody of the minor children with a timeshare as
proposed in Exhibit 1.
❑ Primary physical custody of the minor children should be granted to (name of parent)
_________________________________ with the other parent having visitation as
proposed in Exhibit 1.
❑ Sole physical custody of the minor children should be granted to (name of parent)
____________________________________.
7. Holiday Visitation.
❑ The proposed holiday visitation schedule is attached as Exhibit 1. The holiday visitation
schedule should control when in conflict with the regular visitation schedule.
8. Best Interest of the Children. The proposed temporary physical custody and visitation
arrangements are in the children’s best interest because (explain why your proposed custody
and visitation order is in the child(ren)’s best interest):
(Attach additional pages if more space is needed)
B. Request for Temporary Child Support
9. Public Assistance. (☒ check one)
❑ I have never received Temporary Assistance for Needy Families (TANF).
❑ I am now or have received Temporary Assistance for Needy Families (TANF) in the past.
10. Parties’ Income.
My gross monthly income is (insert amount): $_________ / OR ❑ unknown.
The other parent’s gross monthly income is (insert amount): $_________ / OR ❑ unknown.
11. Child Support. (☒ check one)
❑ Child support is being handled through the District Attorney, Family Support Division,
case (insert case number) R______________ and should continue as ordered in that case.
❑ Based on my proposed physical custody arrangement, (name of parent who should pay
child support) ______________________________ should pay (amount) $________ per
month in child support.
❑ I’m not sure how much child support should be paid. The judge should set child support.
❑ Other (explain how much child support should be ordered and how you came up with the
amount of child support): ___________________________________________________
________________________________________________________________________
________________________________________________________________________
Page 6 of 10 - Motion for Temporary Custody, Support, Exclusive Possession
Page 7 of 10 - Motion for Temporary Custody, Support, Exclusive Possession
11. Child Care. Are there child care expenses? (☒ check one)
No, there are no child care costs for either parent.
Yes, the monthly child care costs for the child(ren) are: $_________. This amount
should be paid by me only the other parent only both parents equally.
12. Medical Coverage. Medical support (medical, vision, and/or dental) must be provided for
the child(ren). How should the children get medical support/insurance? (☒ check one)
Medicaid.
Private / Employer Insurance. The monthly premium should be paid by me only
the other parent only both parents equally.
Other:
C. Request for Temporary Spousal Support
Not Applicable (☒check if not applicable and go to Section D)
13. Spousal Support.
I am requesting temporary spousal support of (amount) $________ per month.
(Complete the box below and all remaining subsections)
a. Describe your work history, level of education, and any additional training/education
you believe is necessary to obtain your employment goals. (explain)
My gross monthly income $
Spouse’s gross monthly income $
My age
Spouse’s age
Years married
Page 8 of 10 - Motion for Temporary Custody, Support, Exclusive Possession
b. I should be granted temporary spousal support because (explain why you need spousal
support. Be specific.)
c. I believe my spouse is able to pay the requested support because (explain)
d. (☒check all that apply)
❑ I live with my spouse.
❑ My spouse and I are both paying the community debts (car payments,
mortgage/rent, insurance, etc.).
❑ My spouse is paying the community debts.
❑ I am paying the community debts.
D. Request for Exclusive Possession of the Marital Residence
Not Applicable (☒check if not applicable and sign and go to Section E)
14. Exclusive Possession. (☒check one)
I am requesting exclusive possession of the marital residence located at:
(address of the property)_______________________________________________________
The residence is
❑owned / ❑rented / ❑leased / ❑in foreclosure.
My gross monthly income $
My spouse’s gross monthly income $
Page 9 of 10 - Motion for Temporary Custody, Support, Exclusive Possession
a. (☒check one)
❑ We are both living in the residence.
❑ I am living in the residence.
❑ My spouse is living in the residence.
b. (☒ check one)
❑ There are no domestic violence issues.
❑ There are domestic violence issues between the parties. A TPO was issued on
(date) _________ in case (TPO case number) T______________.
c. I believe it is easier for my spouse to find alternative housing because: (explain)
d. Other issues that affect my request for exclusive possession (list anything else the
judge should consider in deciding who should stay in the residence):
E. Other Relief
15. In addition to the relief requested above, I would like the Court to also order the following:
(Explain anything else that you would like the judge to order, or enter “N/A” if you do not
want anything else. Be specific.)
Page 10 of 10 - Motion for Temporary Custody, Support, Exclusive Possession
I respectfully ask the Court to grant me the relief requested above, including an award of
attorney’s fees if I am able to retain an attorney for this matter, and any other relief the Court
finds appropriate.
DATED _____________________________, 20____.
Submitted By: (your signature)
(print your name)
DECLARATION IN SUPPORT OF MOTION FOR TEMPORARY CUSTODY,
VISITATION, CHILD SUPPORT, SPOUSAL SUPPORT,
AND/OR EXCLUSIVE POSSESSION
I declare, under penalty of perjury:
a. I have read the foregoing motion, and the factual averments it contains are true and correct
to the best of my knowledge, except as to those matters based on information and belief, and
as to those matters, I believe them to be true. Those factual averments contained in the
referenced filing are incorporated here as if set forth in full.
b. Any Exhibit(s) in support of this Motion will be filed separately in an Exhibit Appendix.
I declare under penalty of perjury under the law of the State of Nevada that the foregoing
is true and correct.
DATED _____________________________, 20____.
Submitted By: (your signature)
(print your name)
/s/
/s/
EXHIBIT 1: Parenting Timeshare and Holiday Schedule
No Visitation Requested Because: (explain) ______________________________
Regular Schedule:
Be very specific. Include
the times and days of the
week for each parent’s
timeshare.
(ex.: Mom: Saturday 7pm –
Wednesday 3pm,
Dad: Wednesday 3pm –
Saturday 7pm)
Summer Schedule:
Same as the regular schedule.
Other: ____________________________________________
Mother’s Day and Mother’s
Birthday:
Mother every year from 9am – 7pm.
Other: ____________________________________________
Father’s Day and Father’s
Birthday:
Father every year from 9am – 7pm.
Other: ____________________________________________
Child’s Birthday:
Even years with (parent) ___________________________.
Odd years with (parent) ____________________________.
*Time shall be from 9am – 7pm.*
Other: ___________________________________________
3 Day Weekends: Even Years: MLK Jr. Day, Memorial Day, Labor Day with
(parent) _________________________________,
President’s Day, Independence Day, Nevada Admissions
Day with the other parent.
Odd Years: MLK Jr. Day, Memorial Day, Labor Day with
(parent) _________________________________,
President’s Day, Independence Day, Nevada Admissions
Day with the other parent.
*Time begins when school lets out the day before the holiday
weekend (or 3pm if no school), and ends the day following
the holiday weekend when school resumes (or 9am).*
**If Independence Day falls on a Tuesday, Wednesday, or
Thursday, the time shall be from July 3 at 9am until July 5
at 9am.**
Other: ____________________________________________
Easter / Spring Break:
Even years with (parent) _____________________________.
Odd years with the other parent.
*Time shall begin the day school lets out until noon the day
before school resumes.*
Other: ____________________________________________
Thanksgiving:
Odd years with (parent) _____________________________.
Even years with the other parent.
*Time shall begin the day school lets out until noon the day
before school resumes.*
Other: ____________________________________________
Winter Break / Christmas:
Segment 1 (Christmas) consists of the day school lets out until
December 26 at noon.
Segment 2 (New Year’s) consists of December 26 at noon
until noon the day before school resumes.
Even years: segment 1 with (parent) ____________________,
segment 2 with the other parent.
Odd years: segment 1 with (parent) ____________________,
segment 2 with the other parent.
Other: ____________________________________________
_________________________________________________
Other Holidays:
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
Vacation: The parents will not establish a formal vacation plan, and will
instead mutually agree on vacation days and times with the
child(ren).
Each parent may have up to (number) ______ vacation days
per year with the child(ren). The parent shall notify the other
parent of the vacation and provide a general vacation itinerary
at least (number) _____ days before the planned vacation.
Vacation time is not allowed during a holiday allotted to
the other parent.
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COURT CODE: MOT Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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Completed 15 January 2021

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