Custody

You can usually only file for custody in Nevada if Nevada is your child’s “home state.”  Note: There are exceptions to the “home state rule” rule.  Nevada will likely qualify as your child’s home state if:

• your child has lived in Nevada with a parent or person acting as a parent for the past 6 consecutive months; (Note: If your child left the state less than 6 months ago, you may still be able to file in Nevada); or
• your child is less than six months old but has lived in Nevada since birth.¹

Leaving Nevada for a short period of time will not change the status as your child’s home state. 

If you and your child recently moved from Nevada to another state, generally you cannot file for custody in that new state until you have lived there for at least six months. Until then, you or the other parent can start a custody action in Nevada, as long as your child has most recently lived there for at least six months. There are some exceptions.  

If you and your child recently moved to Nevada from another state, generally you cannot file for custody in Nevada until you have lived there for at least six months.¹  Until then, you or the other parent can start a custody action the state you moved from, as long as your child has most recently lived there for at least six months. There are some exceptions.

¹ N.R.S. §§ 125A.085, 125A.305(1)(a)