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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 Temporary 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 FOR TEMPORARY CUSTODY, VISITATION, AND/OR
CHILD SUPPORT, AND COUNTERMOTION
(Your name) _________________________________________ files this Opposition and
Countermotion to the motion for an order granting temporary 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 for temporary 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 7 - Opposition to Motion for Temporary Custody
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
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.
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 3 of 7 - Opposition to Motion for Temporary Custody
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):
OPPOSITION & COUNTERMOTION
A. Opposition & Countermotion for Temporary Custody & 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)
❑ I agree to the other party’s request for temporary legal custody (STOP. Go to Section 6).
❑ I do not agree with the other party’s request for temporary legal custody. (☒ check one)
The parties should have joint legal custody of the minor children.
The court should grant (name of parent) _________________________________
sole legal custody of the children because (explain):
Page 4 of 7 - Opposition to Motion for Temporary Custody
Joint physical custody exists when each parent has physical custody of the children
at least 40% (146 days) of the time calculated over a one year period.
Primary physical custody 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)
❑ I agree to the other party’s request for temporary physical custody (STOP. Go to Section 7).
❑ I do not agree to the other party’s request for temporary physical custody. (☒ check one)
The parties should have joint physical custody 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.
❑ I agree to the other party’s request for holiday visitation. (STOP. Go to Section 8).
❑ I do not agree with the other party’s request for holiday visitation. My 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. (☒check one)
❑ I agree that the other party’s requests for temporary legal custody, physical custody, and
visitation are in the best interests of the child(ren). (STOP. Go to Section 9).
❑ I do not agree to the other party’s requests for legal custody, physical custody, and/or
visitation. My proposed custody and visitation arrangements are in the children’s best
Page 5 of 7 - Opposition to Motion for Temporary Custody
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. Opposition & Countermotion 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.
Page 6 of 7 - Opposition to Motion for Temporary Custody
10. Child Support. (☒check one)
❑ I agree to the other party’s request for child support. (STOP. Go to Section C).
❑ I do not agree to the other party’s request for 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): ___________________________________
__________________________________________________________________
__________________________________________________________________
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 7 of 7 - Opposition to Motion for Temporary 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 FOR TEMPORARY
CUSTODY, VISITATION, AND/OR CHILD SUPPORT & COUNTERMOTION
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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