How to File an Amended Visitation After a Divorce Is Filed in Nevada

by Lisa S. Kramer
A parent can sometimes amend the visitation order set forth in the divorce decree.

A parent can sometimes amend the visitation order set forth in the divorce decree.

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You can try to change the child visitation order included in your divorce decree through a legal process known as modification. To amend your visitation order, you can file a Motion to Modify with the court that issued your divorce decree. When considering a motion to amend a visitation order, the court will consider the best interests of the child as well as factors such as a parent's move outside of Nevada, a parent's pattern of missed visitations or new circumstances that make the visitation schedule impractical.

Step 1

Gather the following forms from the clerk of court in the Nevada county where your divorce decree was issued: one filed copy of the Decree or Order you wish to change, Certificate of Mailing, Motion/Opposition Fee Information Sheet, Financial Disclosure Form and Motion to Modify.

Step 2

Fill out the Motion/Opposition Fee Information Sheet, Financial Disclosure Form and Motion to Modify the visitation order. On the Motion to Modify the visitation order, you will need to include your name, the date of the divorce decree and a copy of the divorce decree. You will need to write a paragraph explaining both why a change in the visitation order is in the best interests of your child and how circumstances have changed since the divorce decree was issued. For the court to grant a the motion, you must show that there has been a material and substantial change of circumstances since the divorce decree was issued.

Step 3

Fill out the Uniform Child Custody Jurisdiction Enforcement Act declaration if your child has lived in any state other than Nevada during the past five years. You can get this form from the clerk of court.

Step 4

Sign your Motion to Modify in the presence of a notary public and have it notarized.

Step 5

Make three copies of your Motion/Opposition Fee Information Sheet, Financial Disclosure Form and Motion to Modify. One copy is for you, one is for your former spouse and one is for your judge.

Step 6

File your Motion/Opposition Fee Information Sheet, Financial Disclosure Form and Motion to Modify with the clerk of the clerk of court in the court where you were divorce. The clerk will then assign you a hearing date and time.

Step 7

Serve the other party with copies of your filed Motion/Opposition Fee Information Sheet, and Financial Disclosure Form by mail using the U.S. Postal Service. After mailing these documents, you must fill out a Certificate of Mailing. Make two copies of your Certificate of Mailing. One copy is for you and one copy is for the judge. The other party has 10 days to file an optional countermotion opposing your Motion to Modify. If the other party chooses to file a countermotion, you have 10 days to file an optional reply to the countermotion.

Step 8

Attend the hearing in which the judge will consider your motion as well as any countermotions and issue a new visitation order, if appropriate.