To get emergency custody in Las Vegas, you ask a judge in the Family Division of the Eighth Judicial District Court for a temporary custody order on an emergency basis. The court’s rules allow an ex parte motion, which can skip advance notice to the other parent in limited cases. That motion “will be granted only in cases of emergency.” If a child is in danger right now, call 911 first.
Not legal advice: Family Court Help Line is not a law firm. This guide explains Clark County court procedure in general terms. It is not advice about your case.
If a Child Is in Danger Right Now
- Call 911 if anyone is hurt or in immediate danger. Clark County’s child abuse page says the same.
- Report abuse or neglect to the Clark County Child Abuse and Neglect Hotline at (702) 399-0081, available 24 hours a day, 7 days a week. You can report anonymously, and you do not need proof.
- You can apply for a temporary protection order (TPO) if domestic violence is involved. In Clark County, these go through Family Court. A judge can grant a TPO without notice to the other side and must rule within 1 judicial day (NRS 33.020). If the court has custody jurisdiction over your child, a TPO can grant you temporary custody (NRS 33.030).
- If an adult commits a crime that injures, sexually abuses, or sexually exploits your child, you can seek a protection order for the child (NRS 33.400). In Clark County, it is filed in Justice Court.
What Counts as an Emergency in a Clark County Custody Case
The judge decides, based on your facts. Under EDCR 5.711, an ex parte motion must describe the circumstances that require it and explain the harm already suffered or expected. It must also say how you tried to notify the other parent, or why you should not have to.
Nevada statutes use emergency language for a few situations:
- Abuse or threatened mistreatment. A Nevada court can act on a temporary emergency basis when a child here has been abandoned. It can also act when emergency protection is needed because the child, a sibling, or a parent is “subjected to or threatened with mistreatment or abuse” (NRS 125A.335).
- A child taken or hidden. If a child has been, or likely will be, taken out of Nevada or hidden within the state, the court must order the child brought before it. These cases get calendar priority (NRS 125C.0055).
- Domestic violence. Battery, assault, stalking, harassment, and other acts listed in NRS 33.018 can support a protection order. The acts must target a spouse, partner, co-parent, child, or other qualifying family member.
In physical custody decisions, the child’s best interest is the court’s “sole consideration.” The factors include any history of abuse, neglect, or domestic violence. Neither parent gets preference for being the mother or the father (NRS 125C.0035).
When It Is Not an Emergency
Some problems are real but can wait: a schedule that no longer works, a job change, or a disagreement over school. Those belong on the regular calendar, where a motion is set no sooner than 35 days after filing (EDCR 5.502). If the judge does not see an emergency, the judge can direct you to file “in regular course” (EDCR 5.711).
For a lasting change without urgency, see how to modify a child custody order in Las Vegas.
How to Ask for Emergency Custody in Las Vegas
Start with the row that fits your situation.
| Your situation | Route | Rule |
|---|---|---|
| Notifying the other parent first would defeat the purpose or risk irreparable harm | Ex parte motion | EDCR 5.711 |
| Urgent, but the other parent can be served first | Motion plus an order shortening time (OST) | EDCR 5.606 |
| You have an order, and the other parent is keeping the child in a true emergency | Ex parte motion for return of child (pickup order) | NRS 125C.0055 |
| Domestic violence | TPO, which can include temporary custody | NRS 33.030 |
| No danger, but the order no longer fits | Regular motion to modify | EDCR 5.502 |
Route 1: An Ex Parte Custody Motion in Clark County
“Ex parte” means one side asks the judge for an order without the other side present. Under EDCR 5.711, notice is not required when giving it “would frustrate the purpose of the order sought or cause a party or child to suffer irreparable injury.” Include a proposed order for the judge to sign.
Route 2: A Motion With an Order Shortening Time
An order shortening time asks the judge to hear your motion sooner than the regular 35-day minimum. The Self-Help Center’s OST instructions say to file the ex parte application with your motion, then email the proposed order to your judge’s department.
The application must explain the need and be backed by an affidavit. Absent exigent circumstances, the judge will not shorten time until the other parent has been served with your motion (EDCR 5.606).
No Custody Case Yet?
Without a custody order, each parent has joint legal and joint physical custody until a court orders otherwise (NRS 125C.0015). Motions can only be filed in an existing case, so you start with a custody complaint. You can file a motion for temporary custody with it, plus an OST if the request cannot wait.
Emergency Custody Modification When You Already Have an Order
An emergency custody modification asks the judge to change an existing order quickly and temporarily. Nevada law lets the court modify or vacate a custody order “at any time” (NRS 125C.0045). The emergency order is a stopgap until a hearing where both parents can be heard.
If the other parent is not following your order, the Self-Help Center’s custody enforcement page lists three options:
- Motion to enforce, with an OST if it is urgent.
- Ex parte motion for an order to produce the child at an emergency hearing.
- Pickup order, which awards temporary sole custody so the child can be returned right away. These are “only granted in true emergencies.” The form asks the judge to let law enforcement, including Metro, help. The judge must require 24 hours’ notice to the other parent first, unless notice would likely defeat the purpose (NRS 125C.0055).
What Happens After You File
A judge reviews your papers. For an ex parte motion, EDCR 5.711 lets the judge deny it, send it to the regular calendar, set a hearing, or grant it in whole or in part. A signed ex parte order must state the specific relief and set a hearing “as soon as is practicable.” Read it closely for service and response deadlines.
- Service. If the judge grants an OST, the other parent must be personally served by a neutral adult who is not part of the case. Relatives and partners cannot serve.
- The hearing. Unless the judge directs otherwise, hearings happen by video or phone, except evidentiary hearings, trials, and sanctions hearings (EDCR 5.609). Parties must attend custody hearings, even with a lawyer, unless the court says otherwise (EDCR 5.608).
- Mediation. Contested custody cases normally require mediation, but the court may waive it when child abuse or domestic violence is involved (EDCR 5.306).
- The written order. A ruling announced at a hearing is not enforceable until it is written up and signed by the judge.
To prepare for the follow-up hearing, read how to prepare for a family court hearing in Las Vegas.
If you were served, our guide on how to respond to a motion in Clark County Family Court covers regular deadlines. An emergency order can set its own.
How to Make Your Emergency Request Clear
- Lead with facts. Give dates, what happened, who saw it, and what you expect to happen next.
- Attach proof, such as police reports or medical records, using the Self-Help Center’s Exhibit Appendix.
- Be exact. The Self-Help Center forms are signed under penalty of perjury, and the court can sanction a position that is “obviously frivolous, unnecessary, or unwarranted” (EDCR 5.219).
- Explain skipped steps. Before most motions, you must try to resolve the issue with the other parent. If you did not, the motion must say why (EDCR 5.501).
What It Costs
The Self-Help Center says OST paperwork has no filing fee, and a motion after a final custody order usually costs $25. You can ask the judge to waive fees you cannot afford. Protection order applicants have their court costs and fees deferred (NRS 33.050).
Where to Get Help in Clark County
The Family Law Self-Help Center at the Family Courts and Services Center on North Pecos Road has the forms mentioned here. Staff are available Monday through Friday, 8 a.m. to 4 p.m., at (702) 455-1500. They cannot give legal advice.
Family Court Help Line can walk you through the process, the paperwork, and the timeline for a Clark County filing. Call (702) 609-3688 or send your question through our contact form. Our page on family court services in Las Vegas explains what we cover.
Frequently Asked Questions
How fast can you get emergency custody in Las Vegas?
It depends on the route and the judge. For a temporary protection order, Nevada law requires a ruling within 1 judicial day after filing. For other ex parte requests, the judge reviews the papers and can deny the request, set a hearing, or grant the order.
Can I get emergency custody without telling the other parent?
Sometimes. Clark County’s rule allows an ex parte motion without notice when notice would frustrate the purpose of the order or cause a party or child irreparable injury. You must explain why. The other parent must still be served, and every ex parte order must set a hearing.
What is considered an emergency in a Nevada custody case?
The judge decides based on your facts. Nevada statutes treat some situations as urgent, including abuse or threatened mistreatment of a child, sibling, or parent; abandonment; and a child being taken out of Nevada or hidden. The Self-Help Center’s OST form has you declare an emergency that “cannot wait until the regular court date to be heard.”
How long does an emergency custody order last in Nevada?
It is meant to be temporary. An ex parte order must set a hearing as soon as is practicable. In a pending case, temporary orders end when permanent orders are announced, unless a rule or order says otherwise. A TPO lasts no more than 45 days unless a timely extension request keeps it in effect until that hearing.
Talk Through Your Next Step
Weighing an emergency filing in Clark County? Call Family Court Help Line at (702) 609-3688 or use our contact form, and we will walk you through the forms and filing steps. We are not an emergency service. If a child is in danger right now, call 911 first.
Not Legal Advice
Family Court Help Line provides court process information. We are not a law firm, we are not attorneys, and we do not give legal advice. We can explain what a form asks for and how a filing step works.
We cannot tell you whether your situation is an emergency, predict what a judge will do, or promise any outcome. For advice about your case, talk with a licensed Nevada attorney. The statutes and rules cited here were checked against their published sources on October 19, 2026, and they can change.
Leave a Reply