When a Nevada Court Declines Custody Jurisdiction

Part of my Nevada Custody Jurisdiction (UCCJEA) Overview.

By Ronald W. Brilliant, Attorney at Law · Licensed in Idaho, Nevada & California · Last reviewed: September 2026 against Nevada Revised Statutes chapter 125A (current through the 2025 legislative session)

In This TopicNevada Custody Jurisdiction (UCCJEA)Topic 4 of 6: Declining Jurisdiction

Having the power to decide a custody case is not the end of the question. Under Nevada’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), found in chapter 125A of the Nevada Revised Statutes (NRS 125A.005), a Nevada court that has jurisdiction may, and sometimes must, step aside so a court in another state can hear the case (NRS 125A.355; NRS 125A.365; NRS 125A.375). This page explains those rules, along with the information each party must give the court and when the court can order people to appear.

These rules matter to any parent or caregiver whose custody case touches more than one state. For how a court gets jurisdiction in the first place, see Home State Jurisdiction. If a party asks, a question about whether the court has or should use jurisdiction must be given priority on the court’s calendar and handled quickly (NRS 125A.245).

Four Ways a Nevada Court May Step Back

Situation	What the Nevada court does	Statute
Another state’s court is a more appropriate forum	May decline jurisdiction; if it does, it stays the case on condition that a custody case be promptly started in another designated state	NRS 125A.365
Jurisdiction exists because the person asking for it engaged in unjustifiable conduct	Must decline, unless an exception applies	NRS 125A.375
A custody case was already started in another state that has jurisdiction substantially in conformity with the UCCJEA	May not exercise jurisdiction; must stay its case, communicate with the other court, and dismiss unless that court finds Nevada more appropriate	NRS 125A.355
Custody is incidental to a divorce or other proceeding	May decline the custody part while keeping the divorce or other proceeding	NRS 125A.365(4)

Inconvenient Forum

A “forum” is the court where a case is heard. A Nevada court with jurisdiction to make a child custody determination may decline to use it at any time if it decides that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum (NRS 125A.365(1)). The issue may be raised by a party’s motion, by the court on its own, or at the request of another court (NRS 125A.365(1)).

Factors the Court Considers

Before deciding, the court must consider whether it is appropriate for a court of another state to exercise jurisdiction (NRS 125A.365(2)). The court must allow the parties to submit information and must consider all relevant factors, including (NRS 125A.365(2)):

• Whether domestic violence has occurred and is likely to continue in the future, and which state could best protect the parties and the child
• How long the child has lived outside Nevada
• The distance between the Nevada court and the court in the state that would take over
• The relative financial circumstances of the parties
• Any agreement of the parties about which state should take jurisdiction
• The nature and location of the evidence needed to resolve the case, including the child’s testimony
• Each court’s ability to decide the issue quickly and the procedures needed to present the evidence
• How familiar each court is with the facts and issues in the case

What Happens If the Court Declines

If the Nevada court decides it is an inconvenient forum and another state’s court is more appropriate, it must stay (pause) its proceedings on the condition that a child custody proceeding be promptly started in another designated state (NRS 125A.365(3)). The court may also impose any other condition it considers just and proper (NRS 125A.365(3)).

A Nevada court may also decline jurisdiction over custody when the custody decision is incidental to a divorce or another proceeding, while still keeping jurisdiction over the divorce or other proceeding (NRS 125A.365(4)).

Jurisdiction Declined Because of Unjustifiable Conduct

If a Nevada court has jurisdiction because a person seeking to invoke it has engaged in unjustifiable conduct, the court must decline to exercise that jurisdiction (NRS 125A.375(1)). This rule does not apply where NRS 125A.335 (temporary emergency jurisdiction) or other state law provides otherwise (NRS 125A.375(1)). For emergencies, see Temporary Emergency Jurisdiction.

The court does not have to decline if any of the following is true (NRS 125A.375(1)):

• The parents and all persons acting as parents have acquiesced in (gone along with) Nevada exercising jurisdiction.
• A court of the state that otherwise has jurisdiction under NRS 125A.305, 125A.315 and 125A.325 decides that Nevada is a more appropriate forum under NRS 125A.365.
• No court of any other state would have jurisdiction under the criteria in NRS 125A.305, 125A.315 and 125A.325.

A “person acting as a parent” is someone other than a parent who has physical custody of the child, or had it for 6 consecutive months within 1 year before the custody case was started, and who has been awarded legal custody by a court or claims a right to legal custody under Nevada law (NRS 125A.135).

Remedies and Expenses

When the court declines for this reason, it may fashion an appropriate remedy to ensure the child’s safety and prevent a repetition of the unjustifiable conduct (NRS 125A.375(2)). One example the statute gives is staying the proceeding until a child custody proceeding is started in a court that has jurisdiction under NRS 125A.305, 125A.315 and 125A.325 (NRS 125A.375(2)).

If the court dismisses a petition or stays a proceeding for this reason, it must assess necessary and reasonable expenses against the party who sought to invoke its jurisdiction (NRS 125A.375(3)). These include costs, communication expenses, attorney’s fees, investigative fees, witness expenses, travel expenses and child care during the proceedings (NRS 125A.375(3)). The court will not assess them if that party shows the assessment would be clearly inappropriate, and it may not assess fees, costs or expenses against the State unless law outside chapter 125A authorizes it (NRS 125A.375(3)).

Simultaneous Proceedings in Two States

Sometimes custody cases are filed in two states. Except as provided in NRS 125A.335, a Nevada court may not exercise its jurisdiction if, when the Nevada case was commenced, a custody proceeding had already been commenced in a court of another state having jurisdiction substantially in conformity with chapter 125A (NRS 125A.355(1)). “Commencement” means the filing of the first pleading in a proceeding (NRS 125A.065).

The exception is when the other state’s proceeding has been terminated, or has been stayed by that court because a Nevada court is a more convenient forum under NRS 125A.365 (NRS 125A.355(1)).

Before hearing a custody case, the Nevada court must examine the court documents and other information the parties supply under NRS 125A.385 (NRS 125A.355(2)). If it finds a custody case was started in another state with jurisdiction substantially in accordance with the UCCJEA, it must stay its case and communicate with the other court (NRS 125A.355(2)). If that other court does not decide that Nevada is the more appropriate forum, the Nevada court must dismiss its case (NRS 125A.355(2)).

Rules for how courts in different states talk to each other are covered on International and Tribal Cases.

Modification Case While Enforcement Is Pending Elsewhere

In a case to modify a custody determination, the Nevada court must find out whether a case to enforce that determination has been started in another state (NRS 125A.355(3)). If so, the court may (NRS 125A.355(3)):

• Stay the modification case until the other state’s court enters an order enforcing, staying, denying or dismissing the enforcement case
• Order the parties not to continue with the enforcement case
• Go forward with the modification under conditions it considers appropriate

Information Each Party Must Give the Court

Except as otherwise provided by state law, each party in a child custody proceeding must give certain information under oath, if reasonably ascertainable, in its first pleading or in an attached affidavit (NRS 125A.385(1)). The required information is (NRS 125A.385(1)):

• The child’s present address or whereabouts
• The places where the child has lived during the last 5 years
• The names and present addresses of the persons the child has lived with during that period

The pleading or affidavit must also state whether the party (NRS 125A.385(1)):

• Has taken part, as a party, witness or in any other capacity, in any other proceeding about custody of or visitation with the child, and if so, the court, case number and date of any custody determination
• Knows of any proceeding that could affect the current one, including enforcement, domestic violence, protective order, termination of parental rights and adoption proceedings, and if so, the court, case number and nature of the proceeding
• Knows the names and addresses of anyone who is not a party and who has physical custody of the child or claims rights of legal custody, physical custody or visitation, and if so, those names and addresses

If a party answers “yes” to any of these, the party must give more information under oath as the court requires, and the court may question the parties under oath about details and other matters bearing on jurisdiction and the outcome of the case (NRS 125A.385(3)). If the required information is not provided, the court may stay the case until it is, on a party’s motion or on its own (NRS 125A.385(2)). Each party also has a continuing duty to tell the court about any proceeding in Nevada or any other state that could affect the current case (NRS 125A.385(4)).

Protecting Identifying Information

If a party alleges in an affidavit or a pleading under oath that disclosing identifying information would put the health, safety or liberty of a party or child at risk, the information must be sealed (NRS 125A.385(5)). It may not be disclosed to the other party or the public unless the court orders disclosure after a hearing (NRS 125A.385(5)). At that hearing, the court considers the health, safety or liberty of the party or child and must determine that disclosure is in the interest of justice (NRS 125A.385(5)).

Appearance of Parties and the Child

In a Nevada custody case, the court may order a party who is in Nevada to appear in person, with or without the child (NRS 125A.395(1)). It may also order any person in Nevada who has physical custody or control of the child to appear in person with the child (NRS 125A.395(1)).

If the court wants a party who is outside Nevada to be present, it may order that the notice sent under NRS 125A.255 direct the party to appear in person, with or without the child (NRS 125A.395(2)). That notice would also tell the party that failing to appear may result in a decision against the party (NRS 125A.395(2)).

The court may enter any orders necessary to keep the child and any person ordered to appear safe (NRS 125A.395(3)). If an out-of-state party is directed to appear, or wants to appear in person, the court may require another party to pay reasonable and necessary travel and other expenses of that party and the child (NRS 125A.395(4)).

For Nevada’s general custody rules, such as the best-interest standard, see Nevada Child Custody.

How I Can Help

When a custody case could be heard in Nevada or in another state, I help clients understand whether a Nevada court may be asked to step aside, what information must go into the first filing, and how to present the factors the court weighs. I can also help respond when another party has filed in a second state. Request a consultation to discuss your situation.

This page provides general information about Nevada’s Uniform Child Custody Jurisdiction and Enforcement Act, based on NRS chapter 125A as currently revised, and is not legal advice. Other states’ versions of the Act, court rules, treaties, and case law also affect interstate custody cases. Every case is different; consult an attorney about yours. Reading this page does not create an attorney-client relationship.