CHAPTER 125A UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT ARTICLE 1-GENERAL PROVISIONS Short Title NRS 125A.005 Short title. NRS 125A.010 Short title. [Repealed.] Definitions NRS 125A.015 Definitions. NRS 125A.020 Purposes of chapter. [Repealed.] NRS 125A.025 “Abandoned” defined. NRS 125A.030 Application of chapter to decrees of other nations. [Repealed.] NRS 125A.035 “Child” defined. NRS 125A.040 Definitions. [Repealed.] NRS 125A.045 “Child custody determination” defined. NRS 125A.050 Jurisdiction. [Repealed.] NRS 125A.055 “Child custody proceeding” defined. NRS 125A.060 Exercise of jurisdiction: When custody proceedings pending in other states. [Repealed.] NRS 125A.065 “Commencement” defined. NRS 125A.070 Exercise of jurisdiction: When forum inappropriate. [Repealed.] NRS 125A.075 “Court” defined. NRS 125A.080 Exercise of jurisdiction: When petitioner acts wrongfully. [Repealed.] NRS 125A.085 “Home state” defined. NRS 125A.090 Exercise of jurisdiction: Notice and opportunity to be heard. [Repealed.] NRS 125A.095 “Initial determination” defined. NRS 125A.100 Notice to persons outside Nevada. [Repealed.] NRS 125A.105 “Issuing court” defined. NRS 125A.110 Priority of issues concerning jurisdiction. [Repealed.] NRS 125A.115 “Modification” defined. NRS 125A.120 Information required with initial pleading; exceptions. [Repealed.] NRS 125A.125 “Person” defined. NRS 125A.130 Joinder of additional parties. [Repealed.] NRS 125A.135 “Person acting as a parent” defined. NRS 125A.140 Appearance of parties. [Repealed.] NRS 125A.145 “Physical custody” defined. NRS 125A.150 Effect of decree upon parties. [Repealed.] NRS 125A.155 “State” defined. NRS 125A.160 Certification of copies of decree. [Repealed.] NRS 125A.165 “Tribe” defined. NRS 125A.170 Recognition of foreign decrees. [Repealed.] NRS 125A.175 “Warrant” defined. NRS 125A.180 Modification of foreign decrees. [Repealed.] NRS 125A.190 Filing and enforcement of foreign decrees. [Repealed.] NRS 125A.200 Registry of foreign decrees, communications and other documents; assignment of case number, docket and department to foreign decrees; proof of registration of foreign decree; fee for registration. [Repealed.] Applicability and Procedure NRS 125A.205 Proceedings governed by other law. NRS 125A.210 Examination of witnesses outside Nevada. [Repealed.] NRS 125A.215 Application to Indian tribes. NRS 125A.220 Assistance by courts of other states. [Repealed.] NRS 125A.225 International application. NRS 125A.230 Assistance to courts of other states. [Repealed.] NRS 125A.235 Effect of child custody determination. NRS 125A.240 Preservation of documents for use in other states. [Repealed.] NRS 125A.245 Priority. NRS 125A.250 Request for court records and documents of another state. [Repealed.] NRS 125A.255 Notice to persons outside state. NRS 125A.265 Appearance and limited immunity. NRS 125A.275 Communication between courts. NRS 125A.285 Taking testimony in another state. NRS 125A.295 Cooperation between courts; preservation of records. ARTICLE 2-JURISDICTION NRS 125A.305 Initial child custody jurisdiction. NRS 125A.315 Exclusive, continuing jurisdiction. NRS 125A.325 Jurisdiction to modify determination. NRS 125A.335 Temporary emergency jurisdiction. NRS 125A.345 Notice; opportunity to be heard; joinder. NRS 125A.355 Simultaneous proceedings. NRS 125A.365 Inconvenient forum. NRS 125A.375 Jurisdiction declined by reason of conduct. NRS 125A.385 Information to be submitted to court. NRS 125A.395 Appearance of parties and child. ARTICLE 3-ENFORCEMENT NRS 125A.405 Definitions. NRS 125A.415 “Petitioner” defined. NRS 125A.425 “Respondent” defined. NRS 125A.435 Enforcement under Hague Convention. NRS 125A.445 Duty to enforce. NRS 125A.455 Temporary visitation. NRS 125A.465 Registration of child custody determination. NRS 125A.475 Enforcement of registered determination. NRS 125A.485 Simultaneous proceedings. NRS 125A.495 Expedited enforcement of child custody determination. NRS 125A.505 Service of petition and order. NRS 125A.515 Hearing and order. NRS 125A.525 Warrant to take physical custody of child. NRS 125A.535 Costs, fees and expenses. NRS 125A.545 Recognition and enforcement. NRS 125A.555 Appeals. NRS 125A.565 Role of district attorney and Attorney General. NRS 125A.575 Role of law enforcement officers. NRS 125A.585 Costs and expenses. ARTICLE 4-MISCELLANEOUS PROVISIONS NRS 125A.605 Application and construction. NRS 125A.005 Short title. This chapter may be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. NRS 125A.010 Short title. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) Definitions NRS 125A.015 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 125A.025 to 125A.175, inclusive, have the meanings ascribed to them in those sections. NRS 125A.020 Purposes of chapter. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.025 “Abandoned” defined. “Abandoned” means left without provision for reasonable and necessary care or supervision. NRS 125A.030 Application of chapter to decrees of other nations. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.035 “Child” defined. “Child” means a person who has not attained 18 years of age. NRS 125A.040 Definitions. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.045 “Child custody determination” defined. “Child custody determination” means a judgment, decree or other order of a court which provides for the legal custody, physical custody or visitation with respect to a child. The term includes a permanent, temporary, initial and modification order. The term does not include an order relating to child support or other monetary obligation of a natural person. NRS 125A.050 Jurisdiction. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.055 “Child custody proceeding” defined. “Child custody proceeding” means a proceeding in which legal custody, physical custody or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, neglect, abuse, dependency, guardianship, paternity, termination of parental rights and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, contractual emancipation or enforcement pursuant to NRS 125A.405 to 125A.585, inclusive. NRS 125A.060 Exercise of jurisdiction: When custody proceedings pending in other states. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.065 “Commencement” defined. “Commencement” means the filing of the first pleading in a proceeding. NRS 125A.070 Exercise of jurisdiction: When forum inappropriate. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.075 “Court” defined. “Court” means an entity authorized pursuant to the law of a state to establish, enforce or modify a child custody determination. NRS 125A.080 Exercise of jurisdiction: When petitioner acts wrongfully. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.085 “Home state” defined. “Home state” means: The state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months, including any temporary absence from the state, immediately before the commencement of a child custody proceeding. In the case of a child less than 6 months of age, the state in which the child lived from birth, including any temporary absence from the state, with a parent or a person acting as a parent. NRS 125A.090 Exercise of jurisdiction: Notice and opportunity to be heard. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.095 “Initial determination” defined. “Initial determination” means the first child custody determination concerning a particular child. NRS 125A.100 Notice to persons outside Nevada. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.105 “Issuing court” defined. “Issuing court” means the court that makes a child custody determination for which enforcement is sought pursuant to the provisions of this chapter. NRS 125A.110 Priority of issues concerning jurisdiction. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.115 “Modification” defined. “Modification” means a child custody determination that changes, replaces, supersedes or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. NRS 125A.120 Information required with initial pleading; exceptions. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.125 “Person” defined. “Person” means any of the following: A natural person. Any form of business or commercial entity and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, limited-liability company, association, joint venture, business trust, estate, trust or unincorporated organization. A government, a political subdivision of a government, or an agency or instrumentality of a government or a political subdivision of a government. NRS 125A.130 Joinder of additional parties. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.135 “Person acting as a parent” defined. “Person acting as a parent” means a person, other than a parent, who: Has physical custody of the child or has had physical custody of the child for a period of 6 consecutive months, including any temporary absence, within 1 year immediately before the commencement of a child custody proceeding; and Has been awarded legal custody by a court or claims a right to legal custody pursuant to the law of this state. NRS 125A.140 Appearance of parties. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.145 “Physical custody” defined. “Physical custody” means the physical care and supervision of a child. NRS 125A.150 Effect of decree upon parties. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.155 “State” defined. “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. NRS 125A.160 Certification of copies of decree. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.165 “Tribe” defined. “Tribe” means an Indian tribe or band or Alaskan native village which is recognized by federal law or formally acknowledged by a state. NRS 125A.170 Recognition of foreign decrees. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.175 “Warrant” defined. “Warrant” means an order issued by a court authorizing law enforcement officers to take physical custody of a child. NRS 125A.180 Modification of foreign decrees. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.190 Filing and enforcement of foreign decrees. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.200 Registry of foreign decrees, communications and other documents; assignment of case number, docket and department to foreign decrees; proof of registration of foreign decree; fee for registration. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) Applicability and Procedure NRS 125A.205 Proceedings governed by other law. The provisions of this chapter do not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. NRS 125A.210 Examination of witnesses outside Nevada. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.215 Application to Indian tribes. A child custody proceeding that pertains to an Indian child as defined in the Indian Child Welfare Act of 1978, 25 U.S.C. §§ 1901 et seq., is not subject to the provisions of this chapter to the extent that the proceeding is governed by the Indian Child Welfare Act. A court of this state shall treat a tribe as if it were a state of the United States for the purpose of applying NRS 125A.005 to 125A.395, inclusive. A child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of the provisions of this chapter must be recognized and enforced pursuant to NRS 125A.405 to 125A.585, inclusive. NRS 125A.220 Assistance by courts of other states. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.225 International application. A court of this state shall treat a foreign country as if it were a state of the United States for the purpose of applying NRS 125A.005 to 125A.395, inclusive. Except as otherwise provided in subsection 3, a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of the provisions of this chapter must be recognized and enforced pursuant to NRS 125A.405 to 125A.585, inclusive. The provisions of this section do not apply if the child custody laws of the foreign country where the child custody determination was made violate fundamental principles of human rights. NRS 125A.230 Assistance to courts of other states. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.235 Effect of child custody determination. A child custody determination made by a court of this state that had jurisdiction pursuant to the provisions of this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with NRS 125A.255 or who have submitted to the jurisdiction of the court, and who have been given an opportunity to be heard. As to those persons, the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. NRS 125A.240 Preservation of documents for use in other states. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.245 Priority. If a question of existence or exercise of jurisdiction pursuant to the provisions of this chapter is raised in a child custody proceeding, the question, upon request of a party, must be given priority on the calendar and handled expeditiously. NRS 125A.250 Request for court records and documents of another state. Repealed. (See chapter 199, Statutes of Nevada 2003, at page 1006.) NRS 125A.255 Notice to persons outside state. Notice required for the exercise of jurisdiction when a person is outside this state may be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Notice must be given in a manner reasonably calculated to give actual notice but may be by publication if other means are not effective. Proof of service may be made in the manner prescribed by the law of this state or by the law of the state in which the service is made. Notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. NRS 125A.265 Appearance and limited immunity. A party to a child custody proceeding, including a modification proceeding, or a petitioner or respondent in a proceeding to enforce or register a child custody determination, is not subject to personal jurisdiction in this state for another proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose of participating, in the proceeding. A person who is subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state. A party present in this state who is subject to the jurisdiction of another state is not immune from service of process allowable pursuant to the laws of that state. The immunity granted pursuant to subsection 1 does not extend to civil litigation based on acts unrelated to the participation in a proceeding conducted pursuant to the provisions of this chapter committed by a natural person while present in this state. NRS 125A.275 Communication between courts. A court of this state may communicate with a court in another state concerning a proceeding arising pursuant to the provisions of this chapter. The court may allow the parties to participate in the communication. If the parties are not able to participate in the communication, the parties must be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. Communication between courts concerning schedules, calendars, court records and similar matters may occur without informing the parties. A record need not be made of the communication. Except as otherwise provided in subsection 3, a record must be made of a communication pursuant to this section. The parties must be informed promptly of the communication and granted access to the record. For the purposes of this section, “record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. NRS 125A.285 Taking testimony in another state. In addition to other procedures available to a party, a party to a child custody proceeding may offer testimony of witnesses who are located in another state, including testimony of the parties and the child, by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a person be taken in another state and may prescribe the manner in which and the terms upon which the testimony is taken. A court of this state: (a) May permit a natural person residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means before a designated court or at another location in that state; and (b) Shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony. 3. Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. NRS 125A.295 Cooperation between courts; preservation of records. A court of this state may request the appropriate court of another state to: (a) Hold an evidentiary hearing; (b) Order a person to produce or give evidence pursuant to procedures of that state; (c) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding; (d) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented and any evaluation prepared in compliance with the request; and (e) Order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child. 2. Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in subsection 1. 3. Travel and other necessary and reasonable expenses incurred pursuant to subsections 1 and 2 may be assessed against the parties according to the law of this state. 4. A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations and other pertinent records with respect to a child custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement officer of another state, the court shall forward a certified copy of those records.