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

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© 2020 Family Law Self-Help Center Opposition to 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: OPPS
Your Name:
Address:
Telephone:
Email Address:
Self-Represented
DISTRICT COURT
CLARK COUNTY, NEVADA
________________________________
Plaintiff,
vs.
________________________________
Defendant.
CASE NO.: ____________________
DEPT: ____________________
DATE OF HEARING: ___________
TIME OF HEARING: ____________
Optional: If an in-person hearing is not currently
set, would you like one? ( check one, the
clerk will set a hearing if needed)
Yes. Hearing Date: ______________
Hearing Time: ______________
No.
OPPOSITION TO MOTION TO MODIFY CHILD CUSTODY, VISITATION, AND/OR
CHILD SUPPORT AND COUNTERMOTION
(Your name) _______________________________________________ files this Opposition and
Countermotion to the motion to modify child custody, visitation, and/or child support.
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 opposition to support /
oppose a request to change child support. Failure to file a timely, complete, and accurate
FDF may result in the court ruling against me and/or imposing sanctions.
Page 2 of 8 - Opposition to Motion to Modify Custody
POINTS AND AUTHORITIES
LEGAL ARGUMENT
The court may modify or vacate its child custody order at any time. NRS 125.510.
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.
OPPOSITION AND COUNTERMOTION
A. Opposition & Countermotion 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. (☒
check one)
❑ The other parent did not ask to change legal custody. Legal custody should stay the
same. (STOP. Go to Section 3)
❑ I agree to the other parent’s request to change legal custody. (STOP. Go to Section 3)
❑ I want legal custody to stay the same because: (explain)
Page 3 of 8 - Opposition to Motion to Modify Custody
❑ I want to change legal custody. Listed below are the current legal custody order and the
legal custody order I would like the Court to order (fill out chart).
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 order the above legal custody because
(explain):
3. Physical Custody. This refers to the amount of time the child spends with each parent.
(☒check one)
❑ The other parent did not ask to change physical custody. Physical custody should stay
the same. (STOP. Go to Section 4)
❑ I agree to the other parent’s request to change physical custody. (STOP. Go to Section 4)
❑ I want physical custody to stay the same because: (explain)
Page 4 of 8 - Opposition to Motion to Modify Custody
❑ I want to change physical custody. Listed below are the current physical custody order and
the physical custody order I would like the Court to order (fill out chart).
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 order the above physical custody because
(explain):
Page 5 of 8 - Opposition to Motion to Modify Custody
b. You MUST complete this section if the other parent 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)
❑ The other parent did not ask to change visitation. Visitation should not be changed.
(STOP. Go to Section B)
❑ I agree to the other parent’s request to change visitation (STOP. Go to Section B).
❑ I do not agree to the other parent’s request to change visitation. I would like to:
Keep visitation the same.
Change the visitation/timeshare. My proposed new 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 - Opposition to Motion to Modify Custody
B. Opposition & Countermotion to Modify Child Support
Not Applicable (☒check if not applicable, and go to Section C)
5. Current Child Support Order.
(Name of parent ordered to pay child support) ___________________________________ is
ordered to pay $_______ per month in child support.
6. Modification. (☒check one)
❑ I agree to the other parent’s request to change child support. (STOP. Go to Section C)
❑ Child support should not be changed because (explain):
❑ I want child support changed. My reasons are listed below.
7. 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.
8. Parties’ Income.
My gross monthly income is (insert amount): $_________ / OR ❑ unknown.
The other parent’s gross monthly income is (insert amount): $_________ / OR ❑ unknown.
9. Reason for Modification. I want child support changed because: (☒check all that apply)
❑ Not applicable.
❑ 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 name(s)):
_______________________________________________________________________
❑ The parties are not following the custodial schedule on which child support was based:
(explain the custodial schedule you have been following): _________________________
________________________________________________________________________
________________________________________________________________________
Page 7 of 8 - Opposition to Motion to Modify Custody
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): _____________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
10. Amount Requested. Child support should be changed so that (name of parent who should
pay child support) ____________________________ pays: (☒check one)
❑ $________ 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): ___________________________________________________
________________________________________________________________________
________________________________________________________________________
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:
Page 8 of 8 - Opposition to Motion to Modify Custody
C. Other Relief
13. 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.)
I respectfully ask the Court to deny the opposing party’s motion and 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 OPPOSITION TO MOTION TO MODIFY CHILD
CUSTODY, VISITATION, AND/OR CHILD SUPPORT
I declare, under penalty of perjury:
a. I have read the foregoing opposition, 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 Opposition 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: OPPS Self-Represented DISTRICT COURT CLARK COUNTY, (Family Law Self Help Center)

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Completed 15 January 2021

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