Can You Seek Sole Custody & Terminate Parental Rights in NV?

When you’re trying to protect your child, you want to do everything you can. For some parents, that means asking the court for sole custody—and in more extreme situations, it may also mean pursuing termination of the other parent’s rights.

These are serious legal steps. You may be wondering: Can I ask for both at the same time in Nevada? And if so, how does it work?

Here’s what you need to know, and how Smith Legal Group can help you through it.

Sole Custody vs. Termination: What’s the Difference?

These two terms sound similar, but they’re not the same:

• Sole Legal and Physical Custody means your child lives with you full-time, and you alone make the major decisions (like school, healthcare, and religion). The other parent may still have some rights, like supervised visitation or the ability to petition the court later.
• Termination of Parental Rights means the court ends the other parent’s legal relationship with the child. They lose all rights—no visitation, no say in decisions, no future involvement. It also ends their duty to pay child support moving forward.

In short: sole custody limits the other parent’s role, while termination erases it.

Can You Ask for Both at the Same Time?

Yes—in certain cases, you can ask for both sole custody and termination of parental rights. But it’s not automatic, and it’s not simple.

In Nevada, these are technically two different legal actions. You may be able to file them together in the same case, or the court might require them to be handled separately.

Either way, you’ll need strong reasons—and strong evidence—to justify termination.

The court will want to know:

• Is the other parent abusive, neglectful, or completely absent?
• Has the parent abandoned the child for months without support or contact?
• Is the parent unwilling or unable to provide a safe environment?
• Would keeping the parent’s rights put the child at risk?

The court’s top priority is always the best interest of the child, and termination is only granted if it clearly supports that.

Legal Grounds for Termination in Nevada

Nevada law sets a high bar for terminating parental rights. Here are some of the most common legal grounds:

• Abandonment – No contact or support for six months or more.
• Unfitness – Due to abuse, addiction, neglect, or unsafe living conditions.
• Failure to adjust – If the parent hasn’t corrected serious issues after being given time and support.
• Risk to the child – If being around the parent causes physical, mental, or emotional harm.

The court may also consider whether someone else (like a stepparent) is ready to adopt the child—although adoption is not required to seek termination.

What Happens if Parental Rights Are Terminated?

If the court agrees to terminate a parent’s rights:

• That parent no longer has legal or physical custody.
• They lose the right to visit, call, or make decisions for the child.
• They are no longer responsible for future child support (although any past due support still stands).
• You, as the remaining parent, gain full and final responsibility.

Termination is permanent. The law does not allow it to be undone later, even if the parent changes their behavior.

Talk to a Family Law Attorney First

Termination is not something the court takes lightly—and neither should you. It can be the right choice in extreme situations, but you’ll need to follow the legal process carefully and present strong, clear evidence.

At Smith Legal Group, we help Nevada parents understand their rights, file the right paperwork, and make the strongest case possible for their child’s safety and well-being. Whether you’re considering sole custody, termination of parental rights, or both, we’re here to guide you every step of the way.

Contact Smith Legal Group at 702-410-5001 today to schedule a free consultation to discuss your options and protect what matters most—your child’s future.