Out of State Custody Agreements
Why you should register your custody order when you move
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a set of laws recognized and adopted by 49 states, the District of Columbia, Guam, Puerto Rico, and the US Virgin Islands. The only state that has not adopted the UCCJEA is Massachusetts. These laws create a protocol for recognizing and enforcing child custody orders across state lines.
Despite the national adoption of the UCCJEA, family courts in each state are still responsible for issuing Child Custody orders for residents of that state. So, what if you and/or your child move to Nevada with a valid custody order from another state? In this case, you should register the other state’s Custody order in Nevada as soon as possible.
What Does Registration of Another State’s Custody Order Accomplish?
Registering a valid Custody order from another state alerts the Nevada courts that the order exists and gives local judges the power to enforce the order if problems arise. For instance, if your ex-spouse drops off your child at Harry Reid International Airport after a visit and then suddenly refuses to turn the child over to you, registration of the Custody order allows the Nevada courts to step in.
Be aware that registering another state’s Custody order in Nevada doesn’t always transfer the jurisdiction of the case to Nevada. In other words, the original state may maintain the power to change the Custody order, so it is imperative that you have an attorney who will assess your particular situation to ensure the best protection, enforcement, and perhaps modification of your current Custody order.
Filing for Enforcement of a Custody Order
If your child’s other parent violates the Custody order by refusing to return the child, you need to arrange a hearing. You must then demonstrate before the court that the out-of-state order registered in Nevada entitles you to care for the child and that the other parent is violating the order by not returning your child.
The court can then take action to enforce the order. This may include issuing a warrant instructing police to take custody of the child to prevent parental kidnapping.
Registering a Child Custody Order in Nevada
You may register a Custody order from another state with a Family Court in Nevada if you comply with the procedural and notice requirements. This involves completing and submitting the proper paperwork, serving the other parent, waiting for the other parent’s response, and getting the final order.
As long as the other parent and anyone else affected by the order does not challenge its registration, the order will be recognized and enforced under Nevada law. This gives you peace of mind, knowing that the court can intervene if the child’s other parent violates the order.
Contact a Child Custody Lawyer in Nevada
Understanding and litigating multi-state Custody matters can be confusing. If you’re unsure how to register an order in Nevada or where to go for help during a dispute, consult a Children’s Custody lawyer at Smith Legal Group. We’ll help you navigate this tricky situation and work in your child’s best interest at all times. Call us at 702-410-5001 or contact us online for a free consultation today.