Can I appeal a temporary custody order in Nevada?

No. Temporary custody orders are not final, so they cannot be appealed. The only way to bring one before the appellate courts is a petition for a writ of mandamus or prohibition under NRAP 21, and that relief is discretionary and rarely granted. For most parents, the more effective path is preparing for the final custody hearing.

The other parent appealed a custody order I won. What should I do?

You become the respondent, and the order you won stays in effect during the appeal unless a court grants a stay. You will have the chance to file an answering brief defending the order, and you have at least 14 days after being served with the notice of appeal to file a cross-appeal if part of the ruling went against you. Talk to an appellate attorney as soon as you are served.

How long does a fast track custody appeal take in Nevada?

If every deadline holds, roughly seven months from the notice of appeal to a decision: about four months for transcripts and briefing, plus the 90 days the rule sets as the court's goal for deciding the case after it is transferred to the Court of Appeals. Extensions and transcript delays can add time.

What happens to custody if I win the appeal?

Most successful custody appeals end in a remand. The appellate court sends the case back to the district court with instructions, for example to make specific best interest findings, apply the correct legal standard, or hold a new hearing. The appellate court rarely sets a new custody schedule itself.

Do I need a lawyer to appeal a custody decision in Nevada?

No. The rules allow you to represent yourself, and the Nevada courts publish forms for self-represented parents. But a custody appeal is decided on issue selection, the standard of review, and a brief written under strict rules on a short schedule, which is where experienced appellate counsel makes the biggest difference.

How to Appeal a Custody Decision in Nevada: 30-Day Deadline

Home
About
Practice Areas