How to Get the Final Custody Decree

Getting the Final Custody Decree

There are a few more forms that you have to turn in to finalize your custody case. This page explains the process and the different forms so you can turn in your final set of papers to get the final order granted. 

Read each section carefully - every case is different and there are different forms you will need depending on what happened in your case. Your case is not final until the judge signs and files a Decree of Custody!

 How a final Custody Decree is granted

You are responsible for preparing the final Decree to finish your case.  There are three different ways that a final custody order can be granted:

• By Default: If the Defendant was served with the summons and complaint but did not file any paperwork within 21 days, the Plaintiff can ask the court to enter a default and grant a final custody order. The Plaintiff may have to go to a short hearing with the judge.  The Plaintiff will typically get a Custody Decree that includes everything asked for in the complaint.  Fill out all of the forms below to finalize your case this way.

• By Agreement: If both parties reach an agreement on all terms after the case has been filed, they can prepare a final Custody Decree together with their full agreement included. The Defendant must file an Answer and pay the filing fee to do this. Both parties must sign the Custody Decree, and can usually submit the Decree to the judge for approval without a hearing. Start at form 2 below to finalize your case this way. 

• Granted at a Trial or Hearing: When the judge grants a final custody order at a trial or a hearing, the judge will decide all of the final orders. However, the case is not final until the written Custody Decree is signed by the judge. Usually, the judge tells one party to “prepare the decree.”  Start at form 4 below to finalize your case this way.

Follow these steps to get the final Decree approved: 

 1. Fill out the forms.  There are several forms you have to fill out to get the judge to finalize your case.

 2. File the forms. File the completed forms by mail or efiling. 

 3. Set a hearing (if needed).  Some judges may want to have a short hearing with you before finalizing the case. 

 4. Submit the Custody Decree to the Judge. Turn in a proposed Custody Decree to the judge to sign. 

 5. File the Notice of Entry of Order and serve the other party.  You have to serve the other party with a copy of the final order. 

Learn more about each step below.  

 1. Fill out the forms

All of the possible forms to get a final Custody Decree are below.  You may need to fill out some or all of the forms; read about each form carefully and fill out the ones that apply to you.  

1. Default - required if Defendant did not file an answer within 21 days of being served.

   The Plaintiff must complete the default form and submit it to the Clerk’s Office for approval.  If you do not get a default against the Defendant, he or she can still file papers past the 21 day deadline.  After the 21 days is up, it us usually a matter of who gets their paperwork turned in first.  
   
   Enter the date the Defendant was served on this form (check the Affidavit of Service for the date if you do not remember).  If Defendant was served by publication, the date of service is usually the last date listed under the publication dates on the Affidavit of Publication.

   Default (pdf)  Default (pdf fillable)
   
   

   FYI!

   If Defendant made an appearance in the case (in some way that would indicate Defendant planned to participate in the case, such as signing a Waiver), you must send the Defendant a final notice after you get your default approved by the clerk.  The notice tells Defendant you will get a final default order if Defendant does not file anything in 7 days.  Complete the form, file it, and mail a copy to the Defendant.  
   

   Notice of Intent to Take Default Judgment (pdf)

   Notice of Intent to Take Default Judgment (pdf fillable)

   After mailing, wait 3 business days for the mail to reach the Defendant, and another 7 days for the Defendant to file something to stop the final decree from being approved.  If Defendant still does not file anything after those deadlines, you can turn in the final papers to get a final decree.
2. Summary Disposition Request - required if you do not want a hearing. This form asks the judge to approve of the Decree without a hearing. Plaintiff usually completes this form. 
    
   Request for Summary Disposition (pdf fillable)
    

3. Affidavit in Support of Summary Disposition - required if you do not want a hearing.  This form provides some detail about the orders you want the judge to approve.  Plaintiff usually completes this. 
   
   Affidavit in Support of Request for Summary Disposition (pdf fillable)
   
   

4. Child Support and Welfare Identification Form - required.  This form helps with child support enforcement in the future if needed.

   Child Support and Welfare Identification Form (pdf fillable)
   
   

5. Seminar for Separating Parents ("COPE") Certificate - only needed if the judge ordered you to do the class. You only have to do this step if the judge told you to complete the seminar for separating parents and file a certificate of completion. For information on providers, see Seminar for Separating Parents.
    

6. The Custody Decree - required. The Custody Decree is the final order that includes all the final custody orders. How you fill out the Custody Decree will depend on how you are getting the final decree:
   
   

   For a Default Decree (if Defendant did not file an answer): Use the Custody Decree below. Everything in the decree should match everything you asked for in your complaint.  
   

   If there was a hearing or trial: Use the Custody Decree below.  Everything in the decree must match everything the judge ordered at your hearing. You should obtain a copy of the “minutes” from your hearing from the Court Records department. Make sure everything included in the minutes is included in the decree.
       

   Custody Decree (pdf)
      

   Custody Decree (pdf fillable) 
    

   If both parties reached a full agreement and will sign the Custody Decree (Defendant must have filed an answer to use this option): Use the Stipulated Custody Decree below.  It must include all of the agreements between you and the other parent. Both parties must sign and notarize the Custody Decree.
     

   Stipluated Custody Decree (pdf)

 2. File the forms

File all the documents above, except the Custody Decree, with the court. Just like with your initial documents, you can file the papers in one of three ways:

• Online through eFileNV.   
• By Mail (Family Court Clerk of Court, 601 North Pecos, Las Vegas, NV 89101).
• In person at the Family Courthouse (check our How to File page for hours and more information)

 3. Set a Hearing (if needed)

Some judges want to hold a short hearing before approving a final Custody Decree.  Check with your judge's staff about this.   

If the judge wants you to have a short hearing before approving the final Custody Decree, you have to set an "uncontested" hearing with the judge.  You can do this by filling out a "Setting Slip" and filing it.  A clerk will set a court date for you when you file the form. 

Uncontested Setting Slip (pdf fillable)

Most hearings are happening by video.  You should receive instructions on how to attend the hearing after you get the date. 

The judge will ask some questions to make sure the custody order is in the best interest of the children.  If the judge approves, the judge may prepare a final decree for you or might ask you to fill one out and email it to them for approval.  

 4. Submit the Custody Decree to the Judge

Do not do this step until the documents above have been successfully filed with the court.  If you are efiling, wait to do this step until you receive confirmation that your efiled documents were successfully filed. 

You must turn in a decree to your assigned department to review.  If you do not know what department your case was assigned to, you can look it up here: https://www.clarkcountycourts.us/Portal/. 

If you did not already fill out a proposed Custody Decree with the rest of your forms, make sure to do so now: 

Custody Decree (pdf)     Custody Decree (pdf fillable)

Email your proposed decree in a pdf format to your assigned judge.  Check the Department Letter assigned to your case and email it to the correct email below:

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If you cannot email it, you can bring it to the court in person or you can mail it to 601 N. Pecos, Las Vegas, NV 89101 (mail takes 4-6 weeks to process). 

The judge will review the decree and sign it if approved.  You will receive it back by mail or through email if you registered for eservice in your efiling account. 

If there is a problem with the paperwork, you will receive a memo from the judge’s staff letting you know what needs to be fixed. You will have to fix the problem and resubmit the Decree.  

 5. File a Notice of Entry of Order and serve the other party

You have to serve the other party with a copy of the final Decree by filling out a Notice of Entry of Order, filing it, and serving it. The Notice of Entry of Order triggers the timelines for anyone to appeal. If this is not filed, the other party may be able to appeal the order months or years later!

After you get the signed and filed final Custody Decree, fill out the Notice of Entry of Order and attach a copy of the Custody Decree.  You will have to serve the other party with a copy the same day you file it, so be sure to fill out the Certificate of Mailing at the bottom.

File the Notice of Entry of Order (with a copy of the Decree attached). 

Notice of Entry of Order (pdf fillable) 

Make a copy of the Notice of Entry of Order (with the Decree attached) and mail it to the other party. You can mail it by regular mail.