Jurisdictional Disputes Regarding Children

In Nevada, custody disputes are governed by the Uniform Child Custody

Jurisdiction Enforcement Act which is commonly referred to as the

UCCJEA. The UCCJEA determines whether or not the Nevada Court has

the ability to consider custodial disputes.

Basic questions we ask in all custody disputes include the following:

 Are there any custodial Orders from other jurisdictions?

 Where has the child resided for the last six months?

 Has the child been outside the State of Nevada in the last six

months? If so, why?

 Who lives with the child?

 If there are already custody Orders, regardless of what State

made them, does the child or one of the parents continue to

reside in that State?

The answers to these questions help us assess if the State of Nevada is the

proper place to establish or modify a custodial order. If a child moved to

Nevada or moved from Nevada close to a six-month date, then of particular

importance, is the exact date of the arrival or move date and any proof that a

parent may have regarding that date.

Even if a child has not been in the State of Nevada for six months, NRS

125A.335 permits the Court in the State of Nevada to exercise emergency

jurisdiction and to make temporary Orders if the child is located in the State

of Nevada. There are specific factual elements that must be met for the

Court to take the action, but it can happen in limited situations. Under the

right set of circumstances, those temporary Orders can become the

permanent Orders.

Under the UCCJEA, Nevada Judges are encouraged to schedule a

teleconference with Judges in other jurisdictions when there is a dispute

regarding which State has the authority to rule on custodial issues.

Regularly, attorneys appear at UCCJEA teleconferences and are permitted to

argue a parent’s position regarding custody.