File a Motion to Go Back to Court
Parties sometimes need to ask a judge to make changes after the final custody order is finished. This page explains the process to get your case back in front of the judge to request changes.
Before you begin:
- Is this page for me? This page is for people who already have a custody order or a default from the Clark County, Nevada family court, and need a judge to make some changes. Make sure you understand the Legal Standards to Change an Order before you do anything.
- Do we have to go to court? Not necessarily. The court rules require you to try and resolve the issue privately with the other party first. If you do not try and the judge thinks you could have resolved this without filing a motion, you could be sanctioned.
If you and the other party can agree to the changes, you can can Submit a Stipulation and Order that includes your agreement and gets entered into your case as a new order. If you need to work out custody or visitation changes, you may be able to do that through the Family Mediation Center instead.
- What is a motion? A “motion” is a written request that asks the judge to make some orders and your reasons why. The parties are required to serve copies of their filed motion on the other party; the court does not serve them. The other party can file an "opposition" if they disagree with the motion.
- Who can file a motion? Either party. But remember, you must try to resolve the issue directly with the other person before filing a motion.
- Will there be a hearing? It's up to you. The motion can request a hearing or ask the judge to issue a written decision without a hearing. If the motion does not ask for a hearing, the opposition can.
Follow these steps to file a motion:
1. Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your motion.
2. File the forms. Turn in your completed forms by mail or efiling.
3. Serve the other party. You are responsible for serving the other party with a copy of your filed forms, usually by mail or e-service.
4. Get ready for the hearing. Make sure you know how to prepare for court.
5. Prepare an order. After the judge makes a decision, someone has to write up the decision into a formal court order.
Learn more about each step below.
AUTOMATED FORMS INTERVIEW AVAILABLE!
There is an automated interview available that will complete a Motion to Modify Custody, Visitation, and/or Child Support for you after you answer some questions. At the end of the interview you will have to print/save your forms to file in person.
For a motion to change custody, visitation, or child support, click here and select the "FAMILY LAW CASES: Motion to Modify Child Custody, Visitation, and Child Support" interview. It is best to use Chrome or Firefox (Safari is not recommended and not supported).
You will need to complete a Motion and a Motion/Opposition Fee Information Sheet. You may also need to fill out a Financial Disclosure Form if there are financial issues for the judge to decide.
Motion / Opposition Fee Information Sheet
This form is always required. It tells the Clerk of Court whether you have to pay a filing fee. There is usually a $25 filing fee to file your motion.
One of these forms is required. Select only one to file.
Motion to Modify Custody, Visitation, and/or Child Support: This motion is for parents who want to change the custody or visitation schedule, and/or child support.
Motion for Permission to Relocate: This motion is for parents who want to relocate with the children out of the state of Nevada or within Nevada to a place so far away it would significantly impair the other parent's ability to maintain a relationship with the child.
Motion to Modify Child Support: This motion is for a party who wants to change the child support order (a request to change alimony can also be made with this form, if applicable). Be sure to also file a Financial Disclosure Form to support your request.
Motion for School Selection: This motion is for either parent to ask the judge to determine what school a child should attend if the parents cannot agree.
Motion to Set Aside Default, Decree, or Order: This motion is for a party who has defaulted (meaning, the clerk entered a default against the person for not responding to the complaint by the deadline), or anyone who wants a final order undone because the order was obtained by fraud, mistake, misrepresentation, etc.
Generic Motion: If you want to file a motion about something other than the topics above, you can file a motion using the “Generic Motion” form below. You must include a summary of the legal basis for your motion, explain the reason you are filing the motion, and state what you would like the judge to order.
Financial Disclosure Form
This form is required if you are asking to change any financial orders, such as child support. You must attach your three most recent paystubs to this form.
If you want to file exhibits to support your motion or opposition, download and complete an Exhibit Appendix. Each exhibit must be identified in the table of contents, and every exhibit must be separated by a blank page that says "Exhibit __" with the number of the exhibit inserted.
Just like with your initial documents, you can file the papers in one of these ways:
- Online through eFileNV.
- Mail (Family Court, 601 North Pecos, Las Vegas, NV 89101).
- In person at the Family Courthouse (check our How to File page for hours and more information)
When you file a motion, the Clerk will file a Clerk's Notice of Hearing. This sets the court date, or if you did not request a hearing, it will set the date when the judge will review your motion to make a written decision. Save this document.
If there is an emergency, you can file additional documents asking the judge to hear your case sooner. Use the following instructions and forms to ask the judge to hear your case quickly.
OST Instructions - detailed steps about the process
Ex Parte Application for an Order Shortening Time (pdf fillable) - file this with your other forms
Order Shortening Time (pdf fillable) - fill this out and email it to the judge for consideration
It is up to YOU to serve the documents; the court does not serve them for you. If you do not follow this step properly, the judge may cancel your hearing.
What to Serve: You must serve a copy of all the documents you filed plus the Clerk's Notice of Hearing within 3 days of filing the documents. Send a copy of the documents to the other parent, or, if the other parent is represented by an attorney, to the attorney.
How to Serve the Papers:
- Electronic: If the other party is registered with the court's e-service program, you can electronically serve the documents at the time of efiling.
- By Mail: If the other party has not registered for eservice, you will have to send the documents through the U.S. Mail (you can send them by regular mail, there is no need to send them by certified mail).
- You must mail the forms to the address the other party has on file with the court.
- If they moved, mail it to the address on file, the actual current address, and also email it to their known email address. If you do not do all three, your hearing could get cancelled for not serving correctly.
File Proof: Fill out and file a Certificate of Service that states when, where, and how you served the documents. File this several days before the hearing or it could get cancelled!
Certificate of Service (pdf fillable) - for mail or eservice
Certificate of Service to Multiple Addresses and Email (pdf fillable) - if the other party moved
You can find answers to common questions about service on the Frequently Asked Questions: Service page.
If the other party files an opposition that you would like to respond to, you can file a Reply to Opposition / Countermotion (pdf fillable) where you can let the judge know any additional facts to support your case. File this before you go to court.
If one of the parties requested a hearing, plan to participate in that hearing.
Hearings are happening by video. You should receive instructions on how to attend the hearing after you get the date. Learn more about remote hearings on the court's informational page.
If you want to attend the hearing in person, check with your judge's staff first to find out if you will be allowed in person.
It is a good idea to review some tips on how to Represent Yourself in Court before you attend the hearing.
At the hearing, the judge will tell you his or her decision on the issues, but those orders are not enforceable until they are written into an official order form and signed by the judge. The judge will usually pick one party to “prepare the order.” It is that person’s responsibility to prepare the written order from the hearing, submit it to the judge for review, and send a copy to the other party.
You may want to look up your case to check the minutes and use those as a guide when filling out the order.
After you get the order signed by the judge, fill out the Notice of Entry of Order and attach a copy of the order. You will have to serve the other party with a copy the same day you file it, so be sure to fill out the Certificate of Mailing at the bottom.