Registration of an Out-Of-State Child Custody

The following is the procedure for registration of an out-of-state child custody determination pursuant to NRS 125A.465:

1. A Petition for Registration of Foreign Decree must be filed along with two certified copies of the out-of-state decree. The party requesting registration must attest under penalty of perjury that to the best of her knowledge the subject order has not been modified, stayed or vacated in any other jurisdiction. The names and addresses of the child’s parents or legal guardians must be listed in the Petition for registration;

2. A Notice of Registration of Foreign Decree must be issued simultaneously with the Petition and must indicate

1) that a registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;

2) a hearing to contest the validity of the registered determination must be requested within 20 days after service of the notice; and 3) failure to contest the registration will result in confirmation of the child custody determination and preclude further contest of that determination with respect to any matter that could have been asserted.

3. If the adverse party contests the registration, a hearing will be set and the contesting party must show one of the following:

1) the Nevada court does not have jurisdiction pursuant to NRS 125A.305-125A.395;

2) the child custody determination sought to be registered has been vacated, modified or stayed by a court with jurisdiction; or

3) proper notice was not given 4. The there is no objection to the registration or if after a hearing on the issue the court determines that registration was proper, the Court will provide confirmation of registration of the out-of-state decree to all interested parties.

Jessica H. Anderson
Family Law Attorney Reno, NV