Objecting to an Out-of-State Custody Order
If you have been served with a Petition to Register an Out-of-State Custody Order that the other parent filed, you have a limited amount of time and limited reasons to object. Read this section to find out deadlines to object, reasons to object, and to find the forms you can use to object.
About Objecting to an Out-of-State Custody Order
When parents get a child custody order in another state, they sometimes want the other state's order filed in Nevada just in case problems arise in Nevada later. This is called "registration." This lets the Nevada courts know about the other order. Registering an order in Nevada usually does not transfer an entire case to Nevada. A Nevada judge generally will not have the power to change the custody order, since the original state that made the order usually keeps that power. Registration just means that a Nevada judge will be able to enforce the custody order if problems come up later (for instance, if the child is in Nevada and a parent will not turn over the child to the other parent).
You may be able to stop the registration process if you are opposed. In order to stop the registration process, you must file your own response within 20 days of being served with the paperwork the other parent filed.
There are only a few reasons that Nevada may not register the other state's order. To stop the registration process, you will have to prove one of the following:
- The court that made the custody order did not have jurisdiction to issue the order; or
- The order filed is not the current order (usually because it has been modified, stayed, or vacated); or
- You were not given proper notice of the proceedings in the other court.
The objection process is not a way to argue that the other state's custody order is wrong; the objection process is a way to tell the Nevada court that the other state's order is somehow defective. If you are not sure whether you have a basis to file an objection, legal advice is strongly recommended. You can find information on locating legal help under Lawyers and Legal Help.
How to Object
If you do not think that the other state's custody order should be filed with Nevada, you must request a hearing to object to the registration process. You can do that by following these steps:
- Fill out the Paperwork
- File the Paperwork
- Serve the Other Parent
- Go to the Hearing
- Prepare the Order
To object to the registration of the other state's custody order, you must file a Request for Hearing to Contest the Validity of the Out-of-State Custody Order. This form tells the judge why you do not want the other state's order registered in Nevada. Be sure you understand the three possible reasons for objecting that are described above, because those are the only reasons to object.
You are designated as the same party that you were in the original case. For instance, if you were originally the Plaintiff in the other state's case, list yourself as the Plaintiff in this case also.
Do not fill in the "Notice of Hearing" on this form. That part will be filled in by the Clerk of Court when you file the paperwork.
After you fill out the Request for Hearing above, you will need to file the document with the family court. The fee to file this document is $223. The fee is payable by cash, money order, or most major credit/debit cards. If you cannot afford the fee, please see Filing Fees and Waivers to find out how to ask the court to waive the fee.
You can file your papers one of three ways:
In Person: Bring your filing fee and the form to the Family Courts and Services Center. You will be able to file your papers in person at the Clerk’s Office. The Clerk’s Office is open Monday – Friday from 9:00 a.m. to 4:00 p.m, but you must arrive by 3:40 p.m. to see a Clerk before closing. Be sure to arrive before then.
By Mail: If you cannot come to the court during business hours, you can mail your form and the filing fee to:
Family Courts and Services Center
Attn: Clerk of Court
601 North Pecos Road
Las Vegas, NV 89101
- Online: Many documents can be filed online through the court's e-filing system, eFileNV. There is a fee of $3.50 to upload your documents, in addition to the regular filing fee. You must register for an account, you must provide a valid email address, and you must be able to scan and upload your documents.
If you efile your documents, you will be agreeing to be served with future legal documents electronically. Be sure to use an email address that you will check regularly so that you do not miss important legal documents filed in your case. If your email addresses changes, you must update that information in your efile account. If you would rather receive future legal documents through the U.S. Mail, file your documents in person or by mail.
Be sure to read and follow the instructions here to make sure the other party is properly served with your papers. It is up to YOU to serve the documents; the court does not serve the documents for you.
The Request for Hearing you filed must be served on the other parent, or, if the other parent is represented by an attorney, you must serve the attorney. This is to make sure the other parent knows what you are filing and when to come to court.
How to Serve the Papers:
- Electronic: If the other party is registered with the court's e-service program, you will be able to electronically serve the documents at the time of filing.
- By Mail: If the other party has not registered with eFileNV, you will have to send the documents through the U.S. Mail (you can send them by regular mail, there is no need to send them by certified mail).
After you serve the other parent, fill out a Certificate of Service that states when, where, and how you served the documents. File the Certificate of Service with the court before your hearing.
You can find answers to common questions about service on the Frequently Asked Questions: Service page.
It is a good idea to review some tips on how to Represent Yourself in Court before you go to the hearing.
Arrive early so you have enough time to park, get through security, and find the courtroom.
At the hearing, the judge will tell you his or her decision on the issues, but those orders are not enforceable until they are written into an official order form and signed by the judge. If you are the winning party, the judge will probably tell you to prepare the official order. You can bring this order with you so the judge can sign the written order at the hearing if the judge rules in your favor. Otherwise, prepare the order later and drop it off in your judge's drop box on the third floor of the family courthouse (or mail it).
After the judge signs the Order Regarding Registration, you must make sure the other party receives a copy. First, complete a Notice of Entry of Order and attach a copy of the signed order. The date this form gets filed is the date that starts the timelines for anyone to appeal.
File the Notice of Entry of Order (with a copy of the order attached) with the court. Be sure to fill out the Certificate of Mailing at the bottom, because you will have to mail a copy of this form to the other party after you file it.
After you file the form, make a copy of the Notice of Entry of Order (with a copy of the order attached) and mail it to the other parent. You can mail this by regular mail.