Nevada Continuing Custody Jurisdiction and Modification (UCCJEA)

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 2 of 6: Continuing Jurisdiction

Under Nevada’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), a Nevada court that makes a custody order consistent with the Act’s jurisdiction rules keeps control of that order for as long as the statute allows. This is called exclusive, continuing jurisdiction (NRS 125A.315(1)). The Act also limits when a Nevada court may change a custody order made in another state (NRS 125A.325).

This page explains how long a Nevada court keeps jurisdiction over its own custody orders, and when a Nevada court may modify a custody order made in another state (NRS 125A.315; NRS 125A.325). It matters to any parent or caregiver who has moved to or from Nevada after a custody order was entered.

What Counts as a “Modification”

Under the UCCJEA, a modification is a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child. It does not matter whether it is made by the same court that made the earlier order (NRS 125A.115).

A “child custody determination” includes permanent, temporary, initial and modification orders about legal custody, physical custody or visitation. It does not include child support or other money orders (NRS 125A.045). A custody determination made by a Nevada court that had jurisdiction under the chapter binds persons who were properly served or notified, or who submitted to the court’s jurisdiction, and who had an opportunity to be heard. As to them, it is conclusive on all decided issues of law and fact except to the extent it is modified (NRS 125A.235).

Exclusive, Continuing Jurisdiction of Nevada Courts

Except as provided for temporary emergency jurisdiction, a Nevada court that has made a child custody determination consistent with NRS 125A.305 (initial jurisdiction) or NRS 125A.325 (modification jurisdiction) has exclusive, continuing jurisdiction over that determination until one of two things happens (NRS 125A.315(1)):

1. Loss of significant connection. A Nevada court determines that the child, the child’s parents and any person acting as a parent do not have a significant connection with Nevada, and that substantial evidence is no longer available in Nevada concerning the child’s care, protection, training and personal relationships (NRS 125A.315(1)(a)).
2. Everyone has left Nevada. A Nevada court or a court of another state determines that the child, the child’s parents and any person acting as a parent do not presently reside in Nevada (NRS 125A.315(1)(b)).

Note the difference in who decides. Under the first ending point, only a Nevada court makes the determination (NRS 125A.315(1)(a)). Under the second, either a Nevada court or a court of another state may make it (NRS 125A.315(1)(b)).

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

When a Nevada Court Loses Exclusive, Continuing Jurisdiction

A Nevada court that made a custody determination but no longer has exclusive, continuing jurisdiction may modify that determination only if it has jurisdiction to make an initial determination under NRS 125A.305 (NRS 125A.315(2)). In other words, it must qualify again under the home state, significant connection, more appropriate forum or “no other state” grounds explained on the Home State and Initial Custody Jurisdiction page.

Modifying Another State’s Custody Order in Nevada

Except as provided for temporary emergency jurisdiction, a Nevada court may not modify a child custody determination made by a court of another state unless both of the following are true (NRS 125A.325):

1. A Nevada court has jurisdiction to make an initial determination under the home state ground or the significant connection ground, that is, under paragraph (a) or (b) of NRS 125A.305(1) (NRS 125A.325); and
2. One of these has happened:
   • The court of the other state determines that it no longer has exclusive, continuing jurisdiction under NRS 125A.315, or that a Nevada court would be a more convenient forum under NRS 125A.365 (NRS 125A.325(1)); or
   • A Nevada court or a court of the other state determines that the child, the child’s parents and any person acting as a parent do not presently reside in the other state (NRS 125A.325(2)).

The first requirement refers only to paragraphs (a) and (b) of NRS 125A.305(1). The more appropriate forum ground in paragraph (c) and the “no other state” ground in paragraph (d) are not listed as bases for modifying another state’s order (NRS 125A.325).

The UCCJEA treats an Indian tribe and a foreign country as if each were a state of the United States when applying these jurisdiction rules (NRS 125A.215(1); NRS 125A.225(1)). See International and Tribal Custody Cases.

Summary Table

Situation	Rule	Statute
Nevada made the order and still has exclusive, continuing jurisdiction	Nevada keeps jurisdiction until a Nevada court finds the significant connection and substantial evidence are gone, or a Nevada court or another state’s court finds the child, parents and any person acting as a parent no longer reside in Nevada	NRS 125A.315(1)
Nevada made the order but lost exclusive, continuing jurisdiction	Nevada may modify only if it has initial jurisdiction under NRS 125A.305	NRS 125A.315(2)
Another state made the order	Nevada may modify only with initial jurisdiction under NRS 125A.305(1)(a) or (b), plus a qualifying determination by the other state’s court or a finding that the child, parents and any person acting as a parent no longer reside in the other state	NRS 125A.325
Emergency involving a child present in Nevada	Temporary emergency jurisdiction is an exception to these rules	NRS 125A.315(1); NRS 125A.325; NRS 125A.335

Registered Out-of-State Orders

A custody order from another state may be registered in Nevada (NRS 125A.465(1)). Registration does not by itself allow a change. A Nevada court must recognize and enforce a registered custody determination of another state’s court, but may not modify it except in accordance with NRS 125A.305 to 125A.395 (NRS 125A.475(2)). Registration and enforcement are explained on the Registering and Enforcing Out-of-State Orders page.

Even without power to modify, a Nevada court may issue a temporary order enforcing another state’s visitation schedule, or the visitation provisions of another state’s custody determination that does not set a specific schedule (NRS 125A.455(1)). In the second case, the order must specify a period the court considers adequate for the petitioner to get an order from a court with jurisdiction, and it lasts until that order is obtained or the period expires (NRS 125A.455(2)).

When an Enforcement Case Is Pending Elsewhere

In a proceeding to modify a custody determination, a Nevada court must determine whether a proceeding to enforce the determination has been commenced in another state (NRS 125A.355(3)). If one has, the Nevada court may (NRS 125A.355(3)(a)-(c)):

• Stay the modification case until the other state’s court enters an order enforcing, staying, denying or dismissing the enforcement proceeding;
• Enjoin the parties from continuing with the enforcement proceeding; or
• Proceed with the modification under conditions it considers appropriate.

Going the other way, if an enforcement case is filed in Nevada and a modification case is pending in another state that has jurisdiction to modify, the Nevada court must immediately communicate with the modifying court. The enforcement case continues unless the Nevada court, after consulting with the modifying court, stays or dismisses it (NRS 125A.485).

Declining to Exercise Jurisdiction

Having jurisdiction does not always mean a court will use it. A Nevada court with jurisdiction may decline to exercise it at any time if it determines that it is an inconvenient forum and a court of another state is a more appropriate forum (NRS 125A.365(1)). A Nevada court must also decline, with some exceptions, if it has jurisdiction because the person seeking to invoke it engaged in unjustifiable conduct (NRS 125A.375(1)). These rules are covered on the Declining Jurisdiction page.

For the rules Nevada courts apply in deciding custody itself, see our Nevada child custody overview.

How I Can Help

When a family has moved since a custody order was entered, I help sort out which state still controls the order and whether Nevada can hear a request to change it under NRS 125A.315 and 125A.325. I also help with registering an out-of-state 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.