Nevada Joint Custody Law: How Legal Presumptions Affect Divorce and Custody Cases
When parents separate, one of the most important and emotional issues is who will have custody of the children. Across the country, more states are adopting laws that create a presumption in favor of joint physical custody - meaning children spend substantial time with both parents unless there is a strong reason not to.
What Other States Are Doing
A recent Wall Street Journal article (September 6, 2025), “Divorce Plunged in Kentucky. Equal Custody for Fathers Is a Big Reason Why”, reported that Kentucky’s divorce rate dropped by 25% between 2016 and 2023, compared to a national decrease of 18%.
Kentucky’s 2018 law made equal shared parenting time the default custody arrangement. Supporters say this strengthens families, reduces conflict, and allows children meaningful relationships with both parents. Critics caution, however, that such presumptions may place children and survivors of domestic violence or abuse at risk.
Nevada’s Joint Physical Custody Law (NRS 125C)
Nevada was ahead of the curve. In 2015, the Legislature passed Assembly Bill 263, which created a rebuttable presumption that joint physical custody is in the best interest of children.
NRS 125C.0025: Courts must begin with a preference for joint custody when making decisions about where a child will live.
Definition: Joint physical custody in Nevada does not require a strict 50/50 split. Under Nevada Supreme Court precedent, joint custody generally means each parent has the child at least 40% of the time.
Exceptions: The presumption can be rebutted with evidence. For example, under NRS 125C.0035(5), if a parent has committed domestic violence, the court presumes that joint custody is not in the child’s best interest.
In short: Nevada law favors shared parenting but protects children when there is a history of abuse, neglect, or substance abuse.
What This Means for Families in Nevada
Unlike Kentucky, Nevada has not published data linking its custody law to divorce rates. Still, I see the impact in my practice as a Nevada child custody attorney.
Many parents - especially mothers - fear filing for divorce or custody because they assume the court will automatically award joint custody, even if the other parent has a history of domestic violence, substance abuse, or child abuse.
While waiting to file may feel safer in some situations, in most cases, delaying action increases risk for both parent and child. Nevada courts regularly grant primary physical custody when joint custody would not protect the child’s best interests.
Takeaway
Most custody cases in Nevada result in joint physical custody, but the law is not absolute. Courts carefully evaluate each case, and many families end up with primary custody orders when circumstances require it.
Don’t let fear of Nevada’s joint custody presumption stop you from protecting yourself or your children. If you are considering divorce or custody action, speak with an experienced Nevada divorce and child custody lawyer.
Contact my office today to schedule a consultation. I will listen to your concerns, explain how NRS 125C applies to your situation, and help you move forward with confidence.
For more information, visit Surratt Law Practice.