Nevada Child Custody Jurisdiction (UCCJEA)

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)

When a child custody case involves more than one state, a threshold question is which state’s court has the power to decide it. In Nevada, that question is answered by chapter 125A of the Nevada Revised Statutes, which may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA (NRS 125A.005).

The chapter sets out when a Nevada court has jurisdiction to make or change a custody order (NRS 125A.305 to 125A.395) and how Nevada courts register and enforce custody orders from other states (NRS 125A.405 to 125A.585). In applying and construing the Act, consideration must be given to the need to promote uniformity of the law among the states that enact it (NRS 125A.605).

Key Terms Used in the UCCJEA

• Child: a person who has not reached 18 years of age (NRS 125A.035).
• Child custody determination: a judgment, decree or other court order that provides for legal custody, physical custody or visitation with respect to a child. It includes permanent, temporary, initial and modification orders, but not an order about child support or another money obligation of a natural person (NRS 125A.045).
• Child custody proceeding: a proceeding in which legal custody, physical custody or visitation is an issue. This includes divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and domestic violence protection cases in which the issue may appear (NRS 125A.055(1)-(2)).
• Home state: generally, the state where the child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the case was started (NRS 125A.085(1)).
• Commencement: the filing of the first pleading in a proceeding (NRS 125A.065).
• Modification: a custody determination that changes, replaces, supersedes or is otherwise made after an earlier determination about the same child, whether or not the same court makes it (NRS 125A.115).

What the UCCJEA Does Not Cover

The chapter does not govern adoption proceedings or proceedings about authorizing emergency medical care for a child (NRS 125A.205). A “child custody proceeding” also does not include juvenile delinquency or contractual emancipation cases (NRS 125A.055(3)).

Orders about child support are not “child custody determinations” under the chapter (NRS 125A.045(3)). So the UCCJEA rules described in this overview apply to custody and visitation, not to support.

Why Jurisdiction Matters

A Nevada court may make an initial custody order only on the grounds listed in NRS 125A.305(1), except for temporary emergency orders under NRS 125A.335 (NRS 125A.305(1)). Those grounds are the exclusive basis for a Nevada custody determination (NRS 125A.305(2)).

The physical presence of a party or the child in Nevada, or personal jurisdiction over a party, is neither necessary nor enough to make a custody determination (NRS 125A.305(3)). In other words, simply bringing a child to Nevada does not by itself give a Nevada court the power to decide custody.

Getting jurisdiction right also matters because of what a valid order does. A custody determination made by a Nevada court that had jurisdiction under the chapter binds everyone who was properly served or notified, or who submitted to the court’s jurisdiction, and who had an opportunity to be heard. As to those persons, it is conclusive on all decided issues of law and fact, except to the extent it is modified (NRS 125A.235).

If a party asks, a question about whether jurisdiction exists or should be exercised must be given priority on the court’s calendar and handled expeditiously (NRS 125A.245).

Other States, Tribes and Foreign Countries

For UCCJEA purposes, a “state” includes the states of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands and any U.S. territory or insular possession (NRS 125A.155). For the chapter’s general and jurisdiction provisions, a Nevada court must treat an Indian tribe, and a foreign country, as if it were a state of the United States (NRS 125A.215(1); NRS 125A.225(1)). These cases are covered in International and Tribal Custody Cases.

Topics in This Overview

• Home State and Initial Custody Jurisdiction: when Nevada may make the first custody order for a child, including home state, significant connection, more appropriate forum and “no other state” jurisdiction.
• Continuing Jurisdiction and Modification: how long a Nevada court that made a custody order keeps control of it, and when Nevada may change another state’s order.
• Temporary Emergency Jurisdiction: when a Nevada court may act to protect a child who is present in Nevada, and how long those orders last.
• Declining Jurisdiction: inconvenient forum, unjustifiable conduct, cases filed in two states, the information each party must give the court, and appearance of parties.
• Registering and Enforcing Out-of-State Orders: registration, contesting registration, expedited enforcement, warrants, fees and the role of public officials.
• International and Tribal Custody Cases: foreign countries, tribes, communication between courts and testimony from another state.

For how custody itself is decided in Nevada once a court has jurisdiction, see our Nevada child custody overview.

Key UCCJEA Time Periods

Rule	Time period	Statute
Home state (child 6 months or older)	Child lived in the state with a parent or person acting as a parent for at least 6 consecutive months immediately before the case began, counting temporary absences	NRS 125A.085(1)
Home state (child under 6 months)	The state where the child has lived since birth with a parent or person acting as a parent, counting temporary absences	NRS 125A.085(2)
Former home state	Nevada may still act if it was the child’s home state within 6 months before the case began, the child is now absent, and a parent or person acting as a parent still lives in Nevada	NRS 125A.305(1)(a)
Person acting as a parent	Has or had physical custody for 6 consecutive months, counting temporary absences, within 1 year before the case began (plus a legal custody award or claim)	NRS 125A.135
Information each party must give	Places the child has lived during the last 5 years, and with whom	NRS 125A.385(1)
Temporary emergency order when an enforceable prior order exists or a case has begun in a state with jurisdiction	Lasts for the period the Nevada court specifies, or until an order is obtained from the other state within that period	NRS 125A.335(3)
Contesting registration of an out-of-state order	Hearing must be requested within 20 days after service of the notice	NRS 125A.465(6)
Expedited enforcement hearing	Next judicial day after service of the order, unless impossible, then the first judicial day possible	NRS 125A.495(3)
Hearing after warrant to take physical custody	Next judicial day after the warrant is executed, unless impossible, then the first judicial day possible	NRS 125A.525(2)
Court records of a custody proceeding	Preserved until the child reaches 18 years of age	NRS 125A.295(4)

How I Can Help

When a custody matter involves more than one state, I help parents and caregivers work through where a case can be filed, whether an existing out-of-state order can be changed in Nevada, and how to register or enforce an order here. 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.