Jurisdictional Requirements for a Child in Nevada
A key aspect of every family law case is jurisdiction. A parent facing a child custody case may wonder what the jurisdictional requirements are for their child in the state of Nevada. In Reno, Nevada, Carlson & Work’s family law attorneys can help explain these jurisdictional requirements to the inquiring parent.
Jurisdiction is the power to make legal decisions and decides whether a court has the ability to make judgments in your custody case. Jurisdiction depends on:
- The location of the parties.
- The stage of the child custody that the parents are currently in.
Jurisdiction Under an Initial Custody Arrangement
A Nevada court only has jurisdiction under specific situations when parents are seeking an initial custody arrangement:
- When the child’s home state has been Nevada at the beginning of the custody proceedings or some point during the six months before the proceedings.
- When one or both of the parents are still residing in the state of Nevada.
Jurisdiction Under a Modification of a Custody Arrangement
A Nevada court’s jurisdiction during a modification of a custody arrangement depends on whether or not the custody arrangement was issued in the state of Nevada.
- When the child custody arrangement was issued out of state, a Nevada court cannot rule on the issue.
- A Nevada court can hear the modification case if the other state’s court decides that its jurisdiction is not exclusive or if Nevada is a more convenient location to resolve the case.
A Nevada court can employ emergency jurisdiction under the following circumstances:
- The child is located in Nevada and has been abandoned.
- It is necessary to protect the child from abuse or potential abuse.
Emergency jurisdiction is temporary but may become permanent
The process of a child custody case can be stressful and overwhelming for many parents. If you need guidance with the legal proceedings, contact the skilled family law attorneys of Carlson & Work today at 775-298-6403.