Nevada Custody Cases Involving Tribes, Foreign Countries and Other States

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 6 of 6: International & Tribal

Nevada’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), chapter 125A of the Nevada Revised Statutes (NRS 125A.005), does not stop at state lines within the United States. It also tells Nevada courts how to treat Indian tribes and foreign countries, and it sets rules for how courts in different places communicate, share evidence and take testimony.

This page matters to families whose custody case involves a tribe, a foreign country, or a court in another state. Under chapter 125A, “state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to United States jurisdiction (NRS 125A.155). The rules below explain when tribes and foreign countries are treated the same way.

At a Glance

Topic	Rule	Statute
Indian tribes	Treated as if a state for NRS 125A.005 to 125A.395; qualifying tribal custody determinations must be recognized and enforced	NRS 125A.215
Foreign countries	Treated as if a state for NRS 125A.005 to 125A.395; qualifying foreign custody determinations must be recognized and enforced; neither rule applies if the country’s custody laws violate fundamental principles of human rights	NRS 125A.225
Hague Convention return orders	May be enforced as if they were a child custody determination	NRS 125A.435
Court-to-court communication	Allowed; a record is generally required and parties must be informed	NRS 125A.275
Testimony from another state	Allowed by deposition, telephone, audiovisual or other electronic means	NRS 125A.285
Court records	Preserved until the child turns 18	NRS 125A.295(4)

Cases Involving Indian Tribes

A “tribe” means an Indian tribe or band, or Alaskan native village, that is recognized by federal law or formally acknowledged by a state (NRS 125A.165). A Nevada court must treat an Indian tribe as if it were a state of the United States when applying NRS 125A.005 to 125A.395 (NRS 125A.215(1)). Those sections include the general provisions and the jurisdiction rules of the chapter.

This means the rules on home state jurisdiction, continuing jurisdiction and modification, and declining jurisdiction apply with a tribe in the place of a state (NRS 125A.215(1)).

A child custody determination made by a tribe under factual circumstances in substantial conformity with the chapter’s jurisdictional standards must be recognized and enforced under NRS 125A.405 to 125A.585 (NRS 125A.215(2)). Those are the enforcement sections described on Registering and Enforcing Orders.

Cases Involving Foreign Countries

A Nevada court must also treat a foreign country as if it were a state of the United States when applying NRS 125A.005 to 125A.395 (NRS 125A.225(1)). A custody determination made in a foreign country under factual circumstances in substantial conformity with the chapter’s jurisdictional standards must be recognized and enforced under NRS 125A.405 to 125A.585 (NRS 125A.225(2)).

There is one exception. These rules do not apply if the child custody laws of the foreign country where the determination was made violate fundamental principles of human rights (NRS 125A.225(3)).

Hague Convention Return Orders

Under NRS 125A.405 to 125A.585, a Nevada court may enforce an order for the return of a child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child custody determination (NRS 125A.435). A person seeking enforcement of such an order is a “petitioner,” and the person it is brought against is a “respondent” (NRS 125A.415; NRS 125A.425).

In a case involving the Hague Convention, a district attorney or the Attorney General may take any lawful action to locate a child, obtain the return of a child or enforce a custody determination, if one of the grounds listed in the statute exists (NRS 125A.565(1)). One of those grounds is a reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention (NRS 125A.565(1)(d)). When acting under this section, the district attorney or Attorney General acts on behalf of the court and may not represent any party (NRS 125A.565(2)).

Communication Between Courts

A Nevada court may communicate with a court in another state about a proceeding under chapter 125A (NRS 125A.275(1)). This section, like the testimony, cooperation and notice sections below, falls within NRS 125A.005 to 125A.395, the sections for which a Nevada court treats a tribe or a foreign country as if it were a state (NRS 125A.215(1); NRS 125A.225(1)).

• The court may allow the parties to take part in the communication. If they cannot, they must be given the chance to present facts and legal arguments before a decision on jurisdiction is made (NRS 125A.275(2)).
• Communication about schedules, calendars, court records and similar matters may happen without informing the parties, and no record of it is required (NRS 125A.275(3)).
• For other communications, a record must be made, the parties must be informed promptly, and they must be given access to the record (NRS 125A.275(4)).

A “record” means information inscribed on a tangible medium, or stored in an electronic or other medium, that can be retrieved in perceivable form (NRS 125A.275(5)).

Other sections of the chapter require courts to communicate in specific situations, such as simultaneous proceedings in two states (NRS 125A.355(2)), emergencies (NRS 125A.335(4)), and enforcement while a modification case is pending elsewhere (NRS 125A.485(1)). See Temporary Emergency Jurisdiction for the emergency rules.

Taking Testimony in Another State

In addition to other procedures available, a party to a custody case may offer testimony of witnesses located in another state, including the parties and the child (NRS 125A.285(1)). This may be done by deposition or other means allowed in Nevada for testimony taken in another state (NRS 125A.285(1)). The court on its own motion may order that a person’s testimony be taken in another state and may set how and on what terms it is taken (NRS 125A.285(1)).

A Nevada court may permit a person living in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state (NRS 125A.285(2)(a)). The Nevada court must cooperate with courts of other states in designating an appropriate location (NRS 125A.285(2)(b)).

Documentary evidence sent to a Nevada court from another state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on how it was sent (NRS 125A.285(3)).

Cooperation Between Courts

A Nevada court may ask the appropriate court of another state to (NRS 125A.295(1)):

• Hold an evidentiary hearing
• Order a person to produce or give evidence under that state’s procedures
• Order an evaluation about the custody of a child involved in a pending case
• Send the Nevada court a certified copy of the hearing transcript, the other evidence presented and any evaluation prepared in response to the request
• Order a party to a custody case, or any person with physical custody of the child, to appear in the case with or without the child

When a court of another state asks, a Nevada court may hold a hearing or enter an order of the same kinds (NRS 125A.295(2)). Travel and other necessary and reasonable expenses of these requests may be assessed against the parties according to Nevada law (NRS 125A.295(3)).

A Nevada court must keep the pleadings, orders, decrees, hearing records, evaluations and other pertinent records of a custody case until the child reaches 18 (NRS 125A.295(4)). When a court or law enforcement officer of another state makes an appropriate request, the Nevada court must send a certified copy of those records (NRS 125A.295(4)).

Notice to People Outside Nevada

When a person is outside Nevada, notice needed for the court to exercise jurisdiction may be given in the way Nevada law prescribes for service of process, or in the way the law of the state where service is made prescribes (NRS 125A.255(1)). Notice must be given in a way reasonably calculated to give actual notice, but may be by publication if other means are not effective (NRS 125A.255(1)).

Proof of service may be made under Nevada law or the law of the state where service is made (NRS 125A.255(2)). Notice is not required for a person who submits to the court’s jurisdiction (NRS 125A.255(3)).

Uniformity With Other States

In applying and interpreting the UCCJEA, consideration must be given to the need to promote uniformity of the law on this subject among the states that enact it (NRS 125A.605). For Nevada’s general custody rules, see Nevada Child Custody.

How I Can Help

When a custody matter involves a tribe, a foreign country, or witnesses and records in another state, I help clients understand how chapter 125A applies, how the courts may communicate, and how evidence and testimony can be presented from a distance. I can also help with enforcing a qualifying tribal or foreign custody order in Nevada. 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.