Statute 125c 003

1. A court may award primary physical custody to a parent if the court determines that joint physical custody is not in the best interest of a child. An award of joint physical custody is presumed not to be in the best interest of the child if: (a) The court determines by substantial evidence that a parent is unable to adequately care for a minor child for at least 146 days of the year; (b) A child is born out of wedlock and the provisions of subsection 2 are applicable; or (c) Except as otherwise provided in subsection 6 of NRS 125C.0035 or NRS 125C.210, there has been a determination by the court after an evidentiary hearing and finding by clear and convincing evidence that a parent has engaged in one or more acts of domestic violence against the child, a parent of the child or any other person residing with the child. The presumption created by this paragraph is a rebuttable presumption. 2. A court may award primary physical custody of a child born out of wedlock to: (a) The mother of the child if: (1) The mother has not married the father of the child; (2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity

of the child if: (1) The mother has not married the father of the child; (2) A judgment or order of a court, or a judgment or order entered pursuant to an expedited process, determining the paternity of the child has not been entered; and (3) The father of the child: (I) Is not subject to any presumption of paternity under NRS 126.051; (II) Has never acknowledged paternity pursuant to NRS 126.053; or (III) Has had actual knowledge of his paternity but has abandoned the child. (b) The father of the child if: (1) The mother has abandoned the child; and (2) The father has provided sole care and custody of the child in her absence. 3. As used in this section: (a) 'Abandoned' means that a mother or father has: (1) Failed, for a continuous period of not less than 6 months, to provide substantial personal and economic support to the child; or (2) Knowingly declined, for a continuous period of not less than 6 months, to have any meaningful relationship with the child. (b) 'Expedited process' has the meaning ascribed to it in NRS 126.161. (Added to NRS by 2015, 2582)