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

By Lisa S. Kramer

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.

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.

Divorce is never easy, but we can help. Learn More

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.

Divorce is never easy, but we can help. Learn More
How to Revise a Colorado Divorce

References

Resources

Related articles

How to Relinquish Custody for the Purpose of Military Enlistment

Military enlistment and the possibility of deployment can radically alter family relationships. If you are facing the possibility of deployment after enlisting in the military, you may need to temporarily relinquish custody of your child, and discussing custody arrangements with the child's temporary guardian or other parent prior to deployment can make the process easier. If your relationship with the child's other parent is strained, you may wish to consult a family lawyer with experience in military law.

How to File a Petition for Visitation in Virginia

Virginia recognizes that it can be very important for a child to maintain ties with both parents even after the parents split up, so Virginia courts can enter orders allowing visitation rights. Since circumstances may change after a visitation order is entered, courts can also modify existing orders to suit the new situation if a modification is in the best interests of the child.

How to Get Full Custody of a Child in Texas

If you cannot agree on custody terms with your child's other parent and you desire full custody of your child, you will need to be prepared to engage in a custody battle. . Obtaining full custody in Texas is difficult as there is a presumption that joint custody will be most beneficial to the child. Before you begin, determine if you already have a custody order regarding your child. If you have not previously filed for custody you will need to seek a new custody order with the court. If you already have an custody order, you will seek to modify that order.

Get Divorced Online

Related articles

How to File for Modification of Child Support in Alabama

You may file for modification of child support anytime a change in circumstances, as defined by Alabama law, has ...

How to File a Motion in an Existing Child Custody Case

A motion is the legal device used to ask the court to change something when a lawsuit already exists. While a petition ...

How to File for Child Custody in California

Parental custody rights and procedures vary from state to state. In California, family courts focus on the health, ...

How to File for Child Custody in Ohio

In child custody proceedings in Ohio, parents must demonstrate their proposed custody arrangement is in their child's ...

Browse by category