The Nevada Supreme Court ruled in 1990 that Nevada requires children to reside for six months in Nevada before Nevada acquires home state jurisdiction even when the case is uncontested and other party has proper notice of Nevada proceeding and fails to appear or contest. Swan v. Swan, 106 Nev. 464, 796 P.2d 221 (1990). The court reasoned that six weeks, which is the period for spouses to acquire residency, just is not enough to establish subject matter jurisdiction over child custody:
Residing in Nevada for less than forty days can hardly constitute a significant connection. Also, there is no evidence that it would be in the children's best interest for the Nevada court to assume jurisdiction. To the contrary, the children were probably better off in Utah, the state where they were attending school and where they have close relations and family.
Thus, the district court was not authorized to exercise its jurisdiction under the significant‐connection provision of the Act.
However, jurisdiction solely for divorce without child custody can be obtained by residing in Nevada for six weeks prior to filing the divorce with the intent to remain indefinitely.
When you need a Las Vegas divorce or child custody attorney, you should consult with Las Vegas divorce and child custody attorney Anthony Wright Esq. The Wright Law Offices, PC will keep your best interests in mind, including the costs associated with legal assistance, and shall help you with your divorce or child custody case.
It is important to have a Las Vegas divorce or child custody attorney who has lived in Las Vegas for many years and knows the courts, the judges, and other lawyers. An attorney who is not ready to go to court is not ready to help you with your divorce or child custody case.
Your divorce or child custody case will require legal analysis using state-of-the-art online applications to review the various legal sources that apply to your case, including: Nevada Supreme Court Opinions, Nevada Revised Statutes, Nevada Civil Procedures, Nevada Rules of Court, Nevada Rules of Civil Procedure, Eighth Judicial District Court Rules, Las Vegas Municipal Codes, Clark County Municipal Codes, and state and local administrative law.
The above legal sources will be considered by your divorce or child custody attorney and applied to the issues and circumstances involved in your divorce or child custody case. Your divorce or child custody case will require application to the laws in the sources above to your specific facts. Your divorce or child custody attorney will use his legal training, which includes trial experience, negotiation experience, and continuing legal education requirements to develop the best strategy to resolve your divorce or child custody case.
Please call divorce and child custody attorney Anthony Wright, Esq. to schedule a consultation to review your divorce or child custody case.