Motions (and Oppositions!) for Temporary Custody / Paternity Orders
It may take a while until your custody case is finished and the judge enters all the final orders. If there are some issues that you would like the judge to sort out while you are waiting for the final decision (such as DNA testing or temporary custody or child support issues), you can find information on this page about how to ask for temporary orders, and how to respond to a motion for temporary orders filed against you.
Before you begin:
- Is this page for me? This page is for people who already have a custody case open, or who are about to file a Complaint to open a case. If you do not yet have a case filed or ready to file, visit How to File for Custody.
- What is a motion and an opposition? A “motion” is a written request that asks the judge to make some orders and your reasons why. It is more detailed than the initial paperwork filed in the case. An "opposition" is the other party's response. The parties are required to serve copies of their filed motion or opposition on the other party; the court does not serve them.
- Who can file a motion? Either party. But the court rules require you to try and solve the issue privately with the other party first. If you do not and the judge thinks you could have resolved this without filing a motion, you could be sanctioned.
- 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.
- What issues can a temporary orders deal with?
- Paternity: The judge can order a DNA test if paternity is in question.
- Temporary Child Custody and Visitation: The judge can put a temporary custody and visitation schedule in place so you and the other parent know when the children should be with each parent.
- Temporary Child Support: A judge can set temporary child support based on the temporary custody and visitation schedule.
- How long do temporary orders last? These are temporary and are meant to provide some guidance while the case is going forward. The final orders are decided when you and the other parent settle the case, or at trial.
Follow these steps to file a motion or an opposition:
1. Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your motion/opposition.
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.
1. Fill out the forms
Motion / Opposition Fee Information Sheet
This form is required. It tells the Clerk of Court whether you have to pay a filing fee. If you have already paid your initial appearance fee, there is usually no fee to file a motion or opposition for temporary orders because it is a “motion filed before final Custody Decree,” and therefore excluded from the usual filing fees.
Motion / Opposition Fee Information Sheet (pdf fillable)
The Motion / Opposition
One of these forms is required. Select the one that best matches the issues you want the judge to address.
If you filed the original motion, and the other party filed 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.
Temporary Custody, Visitation, and/or Child Support: This may be used by parents who want temporary orders regarding custody, visitation, and/or child support. A parent may also request a DNA test if needed.
Motion for Temporary Custody, Visitation, and/or Child Support (pdf)
Motion for Temporary Custody, Visitation, and/or Child Support (pdf fillable)
Opposition to Motion for Temporary Custody, Visitation, and/or Child Support (pdf)
Opposition to Motion for Temporary Custody, Visitation, and/or Child Support (pdf fillable)
Establish Paternity Only: This motion may be used by parents who are not sure about paternity and would like to have a DNA test done or otherwise need to establish paternity. This motion does not include any custody issues; use the motion for temporary custody below to ask for paternity AND custody orders.
Motion to Establish Paternity and/or for DNA Testing (pdf)
Motion to Establish Paternity and/or for DNA Testing (pdf fillable)
Permission to Relocate with a Child: If you need the court's permission to move out of Nevada or to a place inside Nevada that is fairly far away from the other parent, you can file a Motion for Permission to Relocate instead of the above motions. The forms can be found here.
Financial Disclosure Form
This form is required if you or the other parent are asking for any financial orders, such as child support. You do not need to complete the "Personal Asset and Debt Chart" on this form, but complete all of the other sections. Attach your three most recent paystubs to this form.
Financial Disclosure Form (pdf)
Financial Disclosure Form (pdf fillable)
2. File the forms
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
3. Serve the other party
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.
- If you are the Plaintiff and have not yet served the complaint and summons, these forms should be personally served along with your complaint and summons.
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.
4. Get ready for the hearing
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.
5. Prepare an order
Do not use the “Order from Hearing” forms below if the judge granted a final custody order at your hearing. In that case, see Getting the Final Custody Decree for the correct forms and instructions.
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.
Order After Hearing - With Children (word fillable)
Order After Hearing - With Children (both parties sign) (pdf fillable)
Order After Hearing - With Children (one party signs) (pdf fillable)
Paternity Order (pdf fillable) (for paternity issues only)
When completed, email the proposed order to the department your case is assigned to. Insert the Department Letter for the "_" in the following format: This email address is being protected from spambots. You need JavaScript enabled to view it.
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.
