When To Ask for Temporary Sole Custody in Nevada

When going through a separation or divorce in Nevada, protecting your child’s safety and stability comes first. If you believe your child is at risk while in the care of the other parent, you may want to request temporary sole custody — a short-term custody order that can give you full decision-making power and physical custody while the case is pending.

Temporary custody is not the same as permanent sole custody. It doesn’t require a long trial or final ruling. Instead, it’s meant to keep your child safe right now while the legal process plays out.

In this post, we’ll walk through when to ask for it, what the court looks for, and what happens after it’s granted — all based on how custody works in Nevada.

When Nevada Courts Consider Temporary Sole Custody

In Nevada, family court judges base all custody decisions — including temporary ones — on the best interest of the child. That means the court looks at what’s safest and most stable for the child, even before there’s a final divorce judgment or custody agreement.

Temporary sole custody may be granted when one parent is unable or unfit to care for the child, or when there’s a clear risk to the child’s safety or well-being. You don’t have to wait for a long trial to request it — you can file a motion as soon as you start your case.

Examples of When to Ask for Temporary Sole Custody

If you’re not sure whether your situation qualifies, consider these real-life examples where a court in Nevada may grant temporary sole custody:

1. Criminal Activity or Drug Use

If your spouse is involved in criminal activity at home or using illegal drugs or — even if they haven’t been arrested yet — the court can intervene to protect your child from exposure to unsafe behavior.

2. Domestic Violence or Threats

When there’s a history of domestic violence, threats, or emotional abuse, especially if a protective order is already in place, a judge can issue a custody order to keep the child in a safe and stable home.

3. Sudden Abandonment

If the other parent has left the home without notice, stopped communicating, or made no effort to care for the child, you can request temporary sole custody to provide structure while the case is resolved.

4. Unstable or Unsafe Living Conditions

If the other parent is living in a car, couch-surfing, or staying somewhere unsafe or inappropriate for a child, the court may place the child with you on a temporary basis until the living situation improves.

5. Interference With Parenting Time

If the other parent is threatening to take the child out of state, refusing to return them after visits, or trying to block your access altogether, the court may issue temporary sole custody to stop the interference.

How To Request Temporary Sole Custody in Nevada

You can request temporary custody at the start of a custody or divorce case, or anytime during the case if something changes. You’ll need to file a motion for temporary orders along with a sworn statement (affidavit) explaining why custody should be changed now — not later.

Your affidavit should include:

In urgent situations, the court may grant temporary custody without giving the other parent advance notice (called an ex parte order), but only if there’s a serious risk of harm.

It’s strongly recommended to work with our Nevada child custody lawyers when filing. These orders must be carefully written and well-supported — especially if you expect pushback from the other side.

What Happens After You Get Temporary Sole Custody

If the judge grants temporary sole custody, it usually stays in place until there’s a full custody hearing or final divorce judgment. The other parent may still be allowed supervised visits or limited contact, depending on the situation.

Temporary custody doesn’t automatically become permanent — but it can influence the final outcome. Judges often look at what’s working well during the temporary phase before making long-term decisions.

If your ex violates the temporary order — such as showing up unannounced, refusing to return the child, or making threats — you can go back to court for enforcement or to tighten the terms.

Child Safety and Stability Isn’t Temporary

Temporary sole custody exists to protect children while their parents sort things out in court. If you know your child is in an unsafe or unstable situation with the other parent, you don’t have to wait for something worse to happen.

Nevada family courts are prepared to act quickly — but only if you ask.

At Smith Legal Group, we can help you file for temporary custody, prepare strong evidence, and advocate for your child’s best interests from day one. If you’re worried about your child’s safety or stability, contact us at 702-410-5001 to schedule your free consultation.