Co-Parenting Mistakes That Can Cost You Custody in Nevada

Written by Jeremy Setters, LCSW (Nevada License 8762-C) and Jennifer Setters, J.D. (Nevada Bar #13126). Legal review by Jennifer Setters. Last reviewed: October 2026.

Poor co-parenting can cost a parent custody time in Nevada, but no single disagreement decides a case. Under NRS 125C.0035(4)(c), (d) and (e), Clark County judges weigh support for the child’s relationship with the other parent, the level of conflict, and cooperation. Gastelum Attorneys tells parents a documented pattern, not one bad day, is what can shift parenting time.

Can you lose custody for not co-parenting in Nevada?

Co-parenting failures can cost a parent custody time in Nevada because cooperation is written into the best-interest test. NRS 125C.0035(4) requires the court to consider and make specific findings on a list of factors, and three of them are about co-parenting: (c) which parent supports the child’s continuing relationship with the other parent, (d) the level of conflict between the parents, and (e) the parents’ ability to cooperate to meet the child’s needs.

“Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent.”

NRS 125C.0035(4)(c)

These are not the only factors. The same statute also directs the court to consider any history of abuse or neglect and whether a parent has committed domestic violence, and a court finding of domestic violence by clear and convincing evidence creates a rebuttable presumption against custody for the parent who committed it. Cooperation never outweighs a child’s safety. Our guide to domestic violence and child custody in Nevada explains how that presumption works.

When does poor co-parenting become a custody problem?

Poor co-parenting becomes a custody problem when it turns into a documented pattern that affects the child, not when parents simply disagree. Judges expect separated parents to argue sometimes. What moves a case is repeated conduct a court can see in the record.

1. Ordinary disagreement. Different bedtimes, a tense exchange, a late reply. Usually not a custody issue on its own.
2. A recurring pattern. Repeated hostile messages, badmouthing, blocking calls, or shutting the other parent out of decisions. This is what factors (c), (d) and (e) measure.
3. Violating the order. Withholding the child, ignoring the schedule, or moving without consent. These can lead to make-up time, enforcement, contempt, or a request to change custody.
4. Safety concerns. Abuse, neglect, or domestic violence. These are handled differently; protecting the child comes first, and the law provides its own presumptions and emergency procedures.

Patterns matter both when custody is first decided and later. To change an existing custody order, a parent generally must show a substantial change in circumstances affecting the child’s welfare and that the change in custody serves the child’s best interest. In Clark County, these cases are heard in the Family Division of the Eighth Judicial District Court; see what happens at a custody hearing in Nevada.

Is it a mistake to criticize the other parent in front of your child?

Criticizing the other parent in front of your child is one of the most damaging co-parenting mistakes, for the child and for your case. Children tend to hear criticism of a parent as criticism of themselves, since they are half of each of you.

Clinical perspective (Jeremy Setters, LCSW): children caught between two parents often develop loyalty conflicts. They start editing what they say in each home, hide happy moments with the other parent, or act out without being able to explain why. The healthiest message a child can get is that both homes are allowed to be good.

Legally, disparaging the other parent cuts directly against factor (c), which asks which parent supports the child’s continuing relationship with the other parent. It also tends to come out, because children repeat what they hear.

Why is using your child as a messenger a mistake?

Using your child to carry messages, money, schedule changes, or complaints between homes puts adult conflict on a child’s shoulders. Even a simple “tell your dad he’s late again” turns the child into a go-between in an argument they cannot fix.

The same goes for treating an older child as a confidant about the divorce, finances, or the other parent’s faults. Keep adult information between the adults. Send schedule questions directly to your co-parent, in writing, and let your child simply be a kid at each exchange.

What messages to a co-parent hurt a custody case?

Messages that insult, threaten, relitigate the marriage, or make demands with no room for a reply hurt a custody case, because written messages can be printed and offered as exhibits. A long run of hostile texts is often the clearest evidence a judge sees of factor (d), the level of conflict.

A practical rule: keep every message brief, informative, friendly, and firm. Say what you need, offer a specific option, and stop. Do not answer every accusation; you do not have to win the thread. The table below shows co-parenting messages that hurt a custody case next to versions that help.

Many parents find it easier to keep this tone inside a co-parenting app such as OurFamilyWizard or TalkingParents, which keep messages, dates, and expenses in one place. An app is a tool, not a requirement, unless your court order says otherwise.

Can you keep your child from the other parent during a dispute?

Keeping your child from the other parent because of a dispute is a serious mistake unless a court order or an immediate safety emergency justifies it. Being angry about late child support, a new partner, or a missed call does not give a parent the right to change a court-ordered schedule.

Nevada law gives the other parent a remedy. Under NRS 125C.020, if a court finds a parent was wrongfully deprived of visitation, it can order additional make-up visits of the same type and length, taken within one year at a time the deprived parent chooses. Under NRS 125C.030, a parent who fails to comply with a make-up visit judgment can be held in contempt and jailed.

If you believe your child is in danger, that is different. Call 911 if the danger is happening now, then call a family law attorney about emergency relief.

Are informal schedule changes a mistake?

Informal schedule changes become a mistake when they are made verbally, kept going for months, and never written down. A handshake swap is hard to prove later, and a long-running informal arrangement generally does not change what your court order says.

Flexibility is good co-parenting. Just confirm every change in writing, even a one-line text (“Confirming you have the kids Saturday the 9th and I have Sunday the 17th”). If a new arrangement is becoming permanent, talk to a lawyer about making it official so both parents are protected.

Can you move with your child without permission?

A parent cannot relocate a child out of Nevada, or far enough within Nevada to substantially impair the other parent’s relationship with the child, without first trying to get the other parent’s written consent. If consent is refused, the next step depends on the custody order:

• Primary physical custody: under NRS 125C.006, the custodial parent must petition the court for permission to relocate with the child.
• Joint physical custody: under NRS 125C.0065, the relocating parent must petition the court for primary physical custody for the purpose of relocating.

Moving first and asking later is one of the costliest co-parenting mistakes. Under NRS 125C.0075, when a parent with primary or joint physical custody relocates with a child in violation of NRS 200.359, the court shall not consider any post-relocation facts or circumstances regarding the welfare of the child or the relocating parent in making any determination, and the non-relocating parent who files an action in response is entitled to recover reasonable attorney’s fees and costs caused by the violation. See our child custody relocation page before you sign a lease or accept a job elsewhere.

Can social media posts hurt your custody case?

Social media posts can hurt a custody case because they are easy to screenshot and offer as exhibits. Posts complaining about the other parent, celebrating a court win, showing heavy drinking, or describing the case are common examples.

The safest approach during a case is simple: do not post about the other parent, the children’s schedule, or the litigation at all. Assume anything you post, comment on, or send privately can be seen by the other side.

Should you share school and medical information with your co-parent?

Share school, medical, and activity information with your co-parent promptly unless a court order says otherwise. Keeping the other parent in the dark about report cards, appointments, or diagnoses undercuts factors (c) and (e) in NRS 125C.0035, and it is especially risky when parents share joint legal custody and are expected to make major decisions together.

A short weekly update, or a shared calendar, prevents most of these fights before they start.

What if your co-parent is high-conflict?

When a co-parent is high-conflict, the biggest mistake is matching their tone. Every heated reply you send becomes part of the record, and it blurs the difference between the two of you that a judge needs to see.

Clinical perspective (Jeremy Setters, LCSW): with a high-conflict parent, the goal shifts from friendly cooperation to low-contact, businesslike parenting, sometimes called parallel parenting. Each home runs its own routines, communication stays in writing and on topic, and exchanges stay short.

Be careful with fully disengaging. Our guide to the grey rock method explains why going completely silent can backfire in a custody case. If you are dealing with narcissistic behavior, see divorcing a narcissist in Nevada, and if your case is already in heavy litigation, see our high-conflict divorce page.

What should you do when the other parent makes these mistakes?

When the other parent is making these co-parenting mistakes, document what happens and keep your own conduct clean. Retaliating with the same behavior usually cancels out the advantage you had.

• Keep a simple log. Date, time, what happened, and who was present. Facts, not opinions.
• Save messages in their original form. Screenshots with dates visible, or an app export.
• Follow the order yourself, even when the other parent does not.
• Ask about remedies. Wrongfully denied visits can support make-up time under NRS 125C.020, and repeated violations can support enforcement or a request to modify custody.

Talk to a Clark County family law attorney before filing anything; the right motion depends on your order and your evidence.

What Nevada law says about co-parenting

• NRS 125C.0035: sets the best-interest standard and requires findings on factors including (c) support for the child’s relationship with the other parent, (d) the level of conflict, (e) the ability to cooperate, and domestic violence, which creates a rebuttable presumption when found by clear and convincing evidence.
• NRS 125C.006: requires a parent with primary physical custody to attempt to get written consent, then petition the court for permission, before relocating with the child.
• NRS 125C.0065: requires a parent with joint physical custody to attempt to get written consent, then petition for primary physical custody for the purpose of relocating.
• NRS 125C.0075: bars the court from considering post-relocation facts after an unlawful relocation and entitles the non-relocating parent to reasonable attorney’s fees and costs.
• NRS 125C.020: allows make-up visits when a parent is wrongfully deprived of visitation.
• NRS 125C.030: allows contempt and jail for failing to comply with a make-up visit judgment.

Statutes checked against the Nevada Legislature site as of October 2026.

Every family’s order and facts are different, and this page is general information, not legal advice. Gastelum Attorneys represents parents throughout Clark County from our downtown Las Vegas office at 718 S. 8th Street and our Summerlin office at 1635 Village Center Circle, Suite 250. To talk through your situation, call (702) 979-1455 or schedule a consultation online. You can also learn more about our Las Vegas child custody lawyers or model a schedule with our parenting time calculator.

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