Nevada Revised Statutes 125C.008 – Summary proceeding for custody: Conditions
An action to determine custody of a child may be brought by the summary proceeding set forth in NRS 125C.008 to 125C.0087, inclusive, when all of the following conditions exist at the time the summary proceeding is commenced:
Terms Used In Nevada Revised Statutes 125C.008
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
1. A court has jurisdiction pursuant to chapter 125A of NRS.
2. The parties have executed an agreement as to the custody of the child, which must specify, without limitation, the custody, medical or other care, education, maintenance and support of the child.
3. The use of the summary proceeding set forth in NRS 125C.008 to 125C.0087, inclusive, is in the best interest of the child.
4. The agreement of the parties defines the rights and duties of the parties with sufficient particularity to ensure that these rights and duties can be properly enforced and that the best interest of the child is achieved. As used in this subsection, ‘sufficient particularity’ means a statement of the rights in absolute terms and not by the use of the term ‘reasonable’ or any other similar term which is susceptible to different interpretations by the parties.
5. The agreement is in accordance with the provisions of chapter 125A of NRS and NRS 125C.0045 and any other provision of law governing the custody of a child.
6. The parties waive their respective rights to written notice of the order determining custody of the child, to appeal, to request findings of facts and conclusions of law and to move for a new trial.
7. The parties desire that the court enter an order that determines the custody of the child.