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:

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.

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.

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.

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.

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.

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.

2. File the forms

Just like with your initial documents, you can file the papers in one of these ways:

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

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: