Nevada Revised Statutes

Nev. Rev. Stat. § 125A.305 (2026)

Initial child custody jurisdiction

✓ current as of July 2026

Find cases: SyfertCases citing this section NRSleg.state.nv.us (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

NRS 125A.305 Initial child custody jurisdiction.

1. Except as otherwise provided in NRS 125A.335, a court of this State has jurisdiction to make an initial child custody determination only if:

(a) This State is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this State but a parent or person acting as a parent continues to live in this State;

(b) A court of another state does not have jurisdiction pursuant to paragraph (a) or a court of the home state of the child has declined to exercise jurisdiction on the ground that this State is the more appropriate forum pursuant to NRS 125A.365 or 125A.375 and:

(1) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this State other than mere physical presence; and

(2) Substantial evidence is available in this State concerning the child’s care, protection, training and personal relationships;

(c) All courts having jurisdiction pursuant to paragraph (a) or (b) have declined to exercise jurisdiction on the ground that a court of this State is the more appropriate forum to determine the custody of the child pursuant to NRS 125A.365 or 125A.375; or

(d) No court of any other state would have jurisdiction pursuant to the criteria specified in paragraph (a), (b) or (c).

2. Subsection 1 is the exclusive jurisdictional basis for making a child custody determination by a court of this State.

3. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination.

(Added to NRS by 2003, 994)

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 2009–2026 · leading case: Friedman v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 264 P.3d 1161 (Nev. 2011).

Sort: Relevance Newest Treatment

Friedman v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 264 P.3d 1161 (Nev. 2011). · cites it 35× “Nobody disputes that Nevada had jurisdiction under NRS 125A.305 to make the initial child custody determination when it entered the divorce decree.”

Ogawa v. Ogawa, 221 P.3d 699 (Nev. 2009). · cites it 5× “NRS 125A.305. The UCCJEA’s objectives are to prevent jurisdictional conflicts and relitigation of child custody issues and to deter child abduction.”

Kar Vs. Kar (child Custody), 2016 NV 63 (Nev. 2016). · cites it 38× “SUPREME COURT OF NEVADA 5 (0) 1947A NRS 125A.305 provides four possible means for a Nevada court to obtain jurisdiction over an initial child custody determination: 1.”

Kar Vs. Kar (child Custody), 2016 NV 63 (Nev. 2016). · cites it 19× “SUPREME COURT OF NEVADA 5 (0) 1947A NRS 125A.305 provides four possible means for a Nevada court to obtain jurisdiction over an initial child custody determination: 1.”

In Re: Visitation Of J.C.B., K.R.B., L.B.B., & L.A.B. (Nev. 2019). · cites it 8× “050 expressly provides jurisdiction, that the Indian Child Welfare Act (ICWA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) do not apply to these facts, and that if the UCCJEA does apply then NRS 125A.305 provides Nevada with jurisdiction.”

Gill v. Gill (child Custody), 142 Nev. Adv. Op. No. 19 (Nev. 2026). · cites it 6× “The statute provides, in relevant part, that a court of this state has jurisdiction over an initial custody determination if [t]his State is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before…”

Gill v. Gill (child Custody), 142 Nev. Adv. Op. No. 19 (Nev. 2026). · cites it 5× “The statute provides, in relevant part, that a court of this state has jurisdiction over an initial custody determination if [t]his State is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before…”

Kragen v. Dist. Ct. (kragen), 140 Nev. Adv. Op. No. 49 (Nev. 2024). · cites it 3× “NRS 125A.305. The UCCJEA elevates the "home state" to principal importance in child custody determinations.”

Druckman v. Ruscitti, 2014 NV 50 (Nev. 2014). · cites it 2× “A voluntary acknowledgment of 'Pursuant to NRS 125A.305(1)(a), Nevada has jurisdiction to hear this matter because Nevada was the child's home state within six months before this proceeding commenced.”

Druckman v. Ruscitti, 2014 NV 50 (Nev. 2014). “A voluntary acknowledgment of 1 Pursuant to NRS 125A.305(1)(a), Nevada has jurisdiction to hear this matter because Nevada was the child's home state within six months before this proceeding commenced.”

— Nev. Rev. Stat. § 125A.305(1) — 4 cases

Friedman v. Eighth Jud. Dist. Court Ex Rel. Cnty. of Clark, 264 P.3d 1161 (Nev. 2011). “Nobody disputes that Nevada had jurisdiction under NRS 125A.305 to make the initial child custody determination when it entered the divorce decree.”

Kar Vs. Kar (child Custody), 2016 NV 63 (Nev. 2016). “SUPREME COURT OF NEVADA 5 (0) 1947A NRS 125A.305 provides four possible means for a Nevada court to obtain jurisdiction over an initial child custody determination: 1.”

In Re: Visitation Of J.C.B., K.R.B., L.B.B., & L.A.B. (Nev. 2019). “050 expressly provides jurisdiction, that the Indian Child Welfare Act (ICWA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) do not apply to these facts, and that if the UCCJEA does apply then NRS 125A.305 provides Nevada with jurisdiction.”

— Nev. Rev. Stat. § 125A.305(1)(a) — 9 cases

Gill v. Gill (child Custody), 142 Nev. Adv. Op. No. 19 (Nev. 2026). “The statute provides, in relevant part, that a court of this state has jurisdiction over an initial custody determination if [t]his State is the home state of the child on the date of the commencement of the proceeding or was the home state of the child within 6 months before…”

— Nev. Rev. Stat. § 125A.305(1)(b) — 4 cases

— Nev. Rev. Stat. § 125A.305(1)(b)(1) — 1 case

— Nev. Rev. Stat. § 125A.305(1)(c) — 2 cases

— Nev. Rev. Stat. § 125A.305(1)(d) — 2 cases

— Nev. Rev. Stat. § 125A.305(2) — 2 cases

— Nev. Rev. Stat. § 125A.305(l)(a) — 2 cases

Ogawa v. Ogawa, 221 P.3d 699 (Nev. 2009). “NRS 125A.305. The UCCJEA’s objectives are to prevent jurisdictional conflicts and relitigation of child custody issues and to deter child abduction.”

— Nev. Rev. Stat. § 125A.305(l)(b) — 1 case

— Nev. Rev. Stat. § 125A.305(l)(b)(l) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.