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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 to Modify Custody
* 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 TO MODIFY CHILD CUSTODY, VISITATION,
AND/OR CHILD SUPPORT
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.
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 8 - Motion to Modify Custody
MOTION
(Your name) ______________________________________ moves this Court for an Order
modifying child custody, visitation, and/or child support. ( 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 to modify child support. 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
The court may modify or vacate its child custody order at any time. NRS 125C.0045.
When considering whether to modify physical custody, the court must determine what type of
physical custody arrangement exists between the parties. The court must look at the actual
physical custody timeshare the parties are exercising to determine what custody arrangement is
in effect. Rivero v. Rivero, 125 Nev. 410, 430, 216 P.3d 213, 227 (2009).
Different tests apply to modify custody depending on the current custody arrangement.
Joint physical custody may be modified or terminated if it is in the best interest of the child.
NRS 125C.0045; Truax v. Truax, 110 Nev. 473, 874 P.2d 10 (1994). Primary physical custody
may be modified only when “(1) there has been a substantial change in circumstances affecting
the welfare of the child, and (2) the modification would serve the child's best interest.” Ellis v.
Carucci, 123 Nev. 145, 153, 161 P.3d 239, 244 (2007).
A child support order must be reviewed by the court every three years upon request of a
parent or guardian. A child support order may be reviewed at any time on the basis of changed
circumstances. A change in 20% or more in the gross monthly income of a person subject to a
child support order shall be deemed changed circumstances. NRS 125B.145.
Page 3 of 8 - Motion to Modify Custody
FACTS AND ARGUMENT
A. Request to Modify Child Custody and/or Visitation
1. Current Custody Order. The current custody order was filed on (date) _____________.
2. Legal Custody. This refers to the ability to make major decisions about the child, such as
medical care, education, and religious upbringing. Do you want to change legal custody?
(☒
check one)
❑ No, legal custody should not be changed. (STOP. Go to Section 3)
❑ Yes, legal custody should be changed. Listed below are the current legal custody order
and the legal custody order I would like the Court to order.
Child’s Name: Date of
Birth
I Have Now:
☒ check one
I Would Like:
☒ check one
❑ No legal custody
❑ Joint legal custody
❑ Sole legal custody
❑ Joint legal custody
❑ Sole legal custody
❑ No legal custody
❑ Joint legal custody
❑ Sole legal custody
❑ Joint legal custody
❑ Sole legal custody
❑ No legal custody
❑ Joint legal custody
❑ Sole legal custody
❑ Joint legal custody
❑ Sole legal custody
❑ No legal custody
❑ Joint legal custody
❑ Sole legal custody
❑ Joint legal custody
❑ Sole legal custody
a. It is in the best interest of the child(ren) to change legal custody because (explain):
3. Physical Custody. This refers to the amount of time the child spends with each parent.
Do you want to change physical custody? (☒
check one)
❑ No, physical custody should not be changed. (STOP. Go to Section 4)
❑ Yes, physical custody should be changed. Listed below are the current physical custody
order and the physical custody order I would like the Court to order. (fill out the next page)
Page 4 of 8 - Motion to Modify Custody
Child’s Name: Date of
Birth
I Have Now:
☒ check one
I Would Like:
☒ check one
❑ No visitation
❑ Visitation only
❑ Joint physical custody
❑ Primary physical
custody
❑ Sole physical custody
❑ Visitation only
❑ Joint physical custody
❑ Primary physical
custody
❑ Sole physical custody
❑ No visitation
❑ Visitation only
❑ Joint physical custody
❑ Primary physical
custody
❑ Sole physical custody
❑ Visitation only
❑ Joint physical custody
❑ Primary physical
custody
❑ Sole physical custody
❑ No visitation
❑ Visitation only
❑ Joint physical custody
❑ Primary physical
custody
❑ Sole physical custody
❑ Visitation only
❑ Joint physical custody
❑ Primary physical
custody
❑ Sole physical custody
❑ No visitation
❑ Visitation only
❑ Joint physical custody
❑ Primary physical
custody
❑ Sole physical custody
❑ Visitation only
❑ Joint physical custody
❑ Primary physical
custody
❑ Sole physical custody
a. It is in the best interest of the child(ren) to change physical custody because (explain):
Page 5 of 8 - Motion to Modify Custody
b. You MUST complete this section if the other party currently has primary physical
custody and you want to change the custody order.
Since the last order, there has been a substantial change in circumstances affecting the
welfare of the child(ren). (Explain the substantial changes affecting the children that
have happened since the last custody order):
4. Visitation. (☒check all that apply)
❑ Visitation should not be changed. (STOP. Go to Section B)
❑ The regular visitation / timeshare should be changed. My proposed new visitation /
timeshare schedule is attached as Exhibit 1.
❑ The holiday schedule should be changed. My proposed new holiday schedule is attached
as Exhibit 1.
It is in the best interest of the child(ren) to modify visitation because (explain):
Page 6 of 8 - Motion to Modify Custody
B. Request to Modify Child Support
Not Applicable (☒check if not applicable, and go to section C)
5. Current Child Support Order. (☒check one)
(Name of parent ordered to pay child support) ______________________________ is
ordered to pay $_______ per month in child support. I want this order modified.
6. 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.
7. Parties’ Income.
My gross monthly income is (insert amount): $_________ / OR ❑ unknown.
The other parent’s gross monthly income is (insert amount): $_________ / OR ❑ unknown.
8. Reason for Modification. I want child support changed because: (☒check all that apply)
❑ Child support should be reset based on the change in custody I am requesting.
❑ The gross monthly income of the person paying child support has changed by more than
20% since the last child support order was entered.
❑ It has been more than three years since child support was last reviewed.
❑ The following child(ren) has/have emancipated (write child’s name(s)):
_______________________________________________________________________
❑ The parties are not following the custodial schedule on which child support was based:
(explain the custodial schedule you have been following): _________________________
________________________________________________________________________
________________________________________________________________________
It is in the children’s best interest to modify child support because (tell the judge why it is in
the children’s best interest to change child support): _____________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Page 7 of 8 - Motion to Modify Custody
9. Amount Requested. (☒check one)
❑ Child support should be modified so that (name of person who should pay child support)
____________________________ pays (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):
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
10. 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.
11. 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. Other Relief
12. 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 8 of 8 - Motion to Modify Custody
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 TO MODIFY CHILD CUSTODY,
VISITATION, AND/OR CHILD SUPPORT
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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