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 child custody that the parents are currently in.
In Nevada, the family court consists of divorce, alimony, child custody, and child support. This court has the authority to make rulings on all family law-related matters
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 at some point during the six months before the proceeding.
- 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 775-386-2226.