Are there exceptions to the "home state rule?"
Yes. You can file for custody in Nevada if either there is no other state that can qualify as the home state (for example, if the child has not lived in any other state for the past 6 months) or if the child does have a home state and:
- that state’s court believes that Nevada is the more appropriate state to hear the custody case; and
- the child and at least one of the child’s parents or a person acting as a parent have a significant connection with Nevada aside from just being in the state; and
- there is a lot of evidence available in Nevada concerning the child’s care, personal relationships, etc.1
Figuring out if you qualify for one of these exceptions can be complicated. If you think this law might apply to your situation, it might be best to talk to a lawyer in both Nevada and in the other state that you recently lived in.
For a list of legal resources, please see our NV Finding a Lawyer page.
Also, even if you have not lived in Nevada for six months, you might be able to apply for temporary emergency jurisdiction (power to hear the custody case). Nevada could have temporary emergency jurisdiction if:
- the child is present in the state; and
- the child has been abandoned, or
- it is necessary in an emergency to protect the child because either the child, a sibling, or a parent of the child is subjected to or threatened with mistreatment or abuse.2
1 N.R.S. §125A.305(1)(b)
2 N.R.S. §125A.335(1)