The Court retains jurisdiction over the minor children until they emancipate. This means custody is always an issue the Court can consider. The legal standard the court applies in a custody modification request depends on the current physical custody schedule. If the parties share joint physical custody and one parent is requesting primary custody, the court considers the best interest of the children per the factors outlined in NRS 125C.0035.
If a parent has primary physical custody, the Court not only considers what is in the children’s best interest but must also make a finding there has been a substantial change in the children’s circumstances to justify a modification of custody.