How to Request a Transfer of Jurisdiction After a Divorce in Nevada
Jurisdiction is court's authority to hear a case. In a divorce, a court generally has jurisdiction where the cause of action occurred, where the defendant resides, where the parties lived together or where the plaintiff resides. Once a court finalizes a divorce, unless children are involved, it is normally not necessary to request the court to make any further rulings. However, if you move to another state after getting divorce, you may want to transfer jurisdiction to your current state of residence if you want a court to modify a child custody order.
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Instructions
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Draft a petition that requests the Nevada court decline jurisdiction over the case. The petition must state the reason for the requested transfer of jurisdiction. Under the Uniform Child Custody Jurisdiction Enforcement Act, the initial court that decided the case has continuing and exclusive jurisdiction over child custody issues. However, a Nevada court can decline jurisdiction over a case if it finds that it is an inconvenient forum and a court in another state is more appropriate.
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File the petition with the court clerk in the appropriate Nevada court. File the original petition with the court and serve the other parent or his attorney with a copy. Service of process can be accomplished in-person, via regular mail or through certified mail.
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Pay the filing fee. The filing fee varies depending on the court.
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Attend the hearing. The hearing provides each party with the opportunity to present his side of the case. The judge will make a decision based on the law and the facts of the case.
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Tips & Warnings
The courts will consider a variety of factors when making a decision about child custody jurisdiction, including how long the child has been living out of state, the difference between the courts in each state, the financial circumstances of the parties, the location of the relevant evidence and the familiarity of each state court with the facts of the case.
