Legal Standards to Change an Order
If you want to change a court order, you need to know the legal standards that you will have to prove to the judge. Read this section to learn about the legal standards that apply to the kind of issue you have.
Changing Child Custody
Either parent can ask the judge to change the custody and/or visitation schedule if the schedule is not working. The legal standards to change custody are:
- If the current order gives one parent primary physical custody: You must prove that changing custody is in the best interest of the child AND that there has been a substantial change in circumstances affecting the welfare of the child since the last custody order was entered.
- If the current order gives both parents joint physical custody: You must prove that changing custody is in the best interest of the children.
A judge must consider many factors to determine what is in the best interest of the child. You can see the list of factors you will have to address at NRS 125C.0035(4).
Relocating With the Children
A parent must have permission to move with a child to a faraway place. This means moving outside of Nevada or anywhere inside Nevada that is so far away it would seriously harm the other parent’s relationship with the child. If the other parent will not agree to the move, a judge must allow the move after considering the factors in NRS 125C.007.
The moving parent must show that there is a sensible, good faith reason for the move, the move would be in the child's best interest, and that the parent and child will benefit from an actual advantage if allowed to move.
If the moving parent does not already have primary physical custody, the parent must also prove that it would be in the child's best interest for that parent to have primary physical custody.
Changing Child Support or Spousal Support (Alimony)
Either party can ask the court to change the court-ordered amount of child support or spousal support in the following situations:
- Changing child support: Typically, child support can be reviewed by the judge every three years, or whenever there is a 20% change or more in a parent’s income.
- Changing spousal support: Alimony is reviewable if the person paying alimony has had a 20% or more change in income.
Selecting a School for the Child
Parents with joint legal custody have equal rights in deciding what to do about a child's schooling. When the parents cannot agree on a school the child should attend, either parent can ask the court to make a decision for them.
The parent must show that their preferred school is what would be best for the child. The court will not necessarily select the most expensive or highest ranked school, but rather, what school is best for the child. The court considers factors such as the child's educational needs, extracurricular activities, medical needs, the quality of curriculum and instruction, the child's past performance and predicted performance at each school, and logistics such as the commute.
Set Aside a Default, Decree, or Order
A party can ask the court to undo (or “set aside”) a default or a final order that was entered if the order is wrong or unjust. A party filing this kind of motion must show that the order was obtained due to fraud, misrepresentation, mistake, excusable neglect, or misconduct of the other party (to name some of the reasons). Do not file this motion just because you disagree with what the judge ordered. This motion usually must be filed within 6 months of when the order was entered.