Nevada Temporary Emergency Custody Jurisdiction (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 3 of 6: Emergency Jurisdiction

Nevada’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) normally lets a Nevada court make or change a custody order only if Nevada has jurisdiction under the home state and related rules. Temporary emergency jurisdiction is the exception. It allows a Nevada court to act to protect a child who is present in Nevada, even when another state would otherwise have jurisdiction (NRS 125A.335).

The Act’s rules on initial jurisdiction, exclusive continuing jurisdiction, modification and simultaneous proceedings each apply “except as otherwise provided in NRS 125A.335” (NRS 125A.305(1); NRS 125A.315(1); NRS 125A.325; NRS 125A.355(1)-(2)). This page explains when emergency jurisdiction exists, how long an emergency order lasts, and what the court must do to coordinate with other states.

When a Nevada Court Has Temporary Emergency Jurisdiction

A Nevada court has temporary emergency jurisdiction if the child is present in Nevada and either (NRS 125A.335(1)):

• The child has been abandoned; or
• It is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.

“Abandoned” means left without provision for reasonable and necessary care or supervision (NRS 125A.025). A “child” is a person who has not reached 18 years of age (NRS 125A.035).

Note that the child must be present in Nevada. The emergency ground may be based on mistreatment or abuse of, or threats against, the child, a sibling of the child, or a parent of the child (NRS 125A.335(1)).

How Long an Emergency Order Lasts

The length of a temporary emergency order depends on whether there is already an enforceable custody order, or a custody case already started, in a state that has jurisdiction under the regular rules of NRS 125A.305, 125A.315 and 125A.325 (NRS 125A.335(2)-(3)).

Situation	How long the Nevada emergency order lasts	Statute
No previous enforceable custody determination, and no custody case started in a state with jurisdiction	Remains in effect until an order is obtained from a court of a state having jurisdiction under NRS 125A.305, 125A.315 and 125A.325	NRS 125A.335(2)
Same as above, and no custody case has been or is started in a state with jurisdiction	The emergency order becomes a final determination, if it so provides, and Nevada becomes the child’s home state	NRS 125A.335(2)
A previous enforceable custody determination exists, or a custody case has been started in a state with jurisdiction	The order must specify a period the court considers adequate for the person seeking an order to obtain one from the state with jurisdiction; it remains in effect until an order is obtained from the other state within that period, or the period expires	NRS 125A.335(3)

When No Other Order or Case Exists

If there is no previous custody determination entitled to be enforced under the chapter, and no custody case has been commenced in a state with jurisdiction, the Nevada emergency order stays in effect until an order is obtained from a court of a state that has jurisdiction under the regular rules (NRS 125A.335(2)).

If a custody case has not been or is not commenced in a state with jurisdiction, the Nevada emergency order becomes a final determination, if it so provides, and Nevada becomes the home state of the child (NRS 125A.335(2)). The statute does not state a specific number of days for this.

When Another Order or Case Already Exists

If there is a previous custody determination entitled to be enforced under the chapter, or a custody case has been commenced in a state with jurisdiction, the Nevada order must specify a time period. That period must be one the court considers adequate to allow the person seeking an order to obtain one from the state with jurisdiction (NRS 125A.335(3)).

The Nevada order remains in effect until an order is obtained from the other state within that period, or until the period expires (NRS 125A.335(3)).

Communication Between Courts

The statute requires courts to talk to each other in emergency situations (NRS 125A.335(4)):

• A Nevada court that has been asked to make an emergency custody determination, once informed that a custody case has been commenced in, or a custody determination has been made by, a court of a state with jurisdiction under the regular rules, shall immediately communicate with the other court (NRS 125A.335(4)).
• A Nevada court exercising regular jurisdiction under NRS 125A.305, 125A.315 and 125A.325, once informed that a custody case has been commenced in, or a determination made by, another state’s court under a statute similar to NRS 125A.335, shall immediately communicate with that court to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order (NRS 125A.335(4)).

Under the chapter’s general rules on communication, the court may allow the parties to participate. If they cannot participate, they must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made (NRS 125A.275(2)). Except for communications about schedules, calendars, court records and similar matters, a record must be made of the communication, and the parties must be informed promptly and given access to the record (NRS 125A.275(3)-(4)).

Emergency Orders and Enforcement Cases

Temporary emergency orders also interact with the rules for enforcing another state’s custody order. In an enforcement hearing, the court’s duty to order that the petitioner may take immediate physical custody of the child applies “unless the court issues a temporary emergency order pursuant to NRS 125A.335” (NRS 125A.515(1)).

Similarly, an enforcing court may not stay an order enforcing a custody determination while an appeal is pending, unless the court enters a temporary emergency order under NRS 125A.335 (NRS 125A.555(3)). More about enforcement is on the Registering and Enforcing Out-of-State Orders page.

Other Protections in the Chapter

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

A Nevada court’s duty to decline jurisdiction obtained through a person’s unjustifiable conduct applies except as otherwise provided in NRS 125A.335 or by other state law (NRS 125A.375(1)). When a court does decline for that reason, it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the conduct (NRS 125A.375(2)). See Declining Jurisdiction.

Where This Fits in the UCCJEA

The regular grounds for deciding which state hears a custody case are explained on the Home State and Initial Custody Jurisdiction page, and the rules for keeping or changing an existing order are on the Continuing Jurisdiction and Modification page. For how Nevada courts decide custody itself, see our Nevada child custody overview.

How I Can Help

When a child in Nevada may need protection but another state has, or may have, custody jurisdiction, I help clients understand whether NRS 125A.335 applies and how long a Nevada emergency order can last. I also help coordinate the next steps with the case in the other 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.