In a March 2026 decision, the Nevada Supreme Court held that a child who left the state for a time can still have Nevada as a home state for custody purposes. Here is what Las Vegas parents should take from the ruling.
When a family splits up and a child has spent time in another state or country, one of the first fights is often about which court even has the power to decide custody. On March 5, 2026, the Nevada Supreme Court issued a decision, Gill v. Gill, that gives Nevada parents a clearer answer. The court ruled that a child's brief or unplanned time outside Nevada can count as a temporary absence, which means Nevada may keep custody jurisdiction even when a parent files first in another country.
The dispute involved a child born in Las Vegas whose mother and child traveled abroad shortly after the birth and stayed longer than planned. A custody action was later started in the foreign court, and the other parent then filed for custody here in Nevada. The trial court initially declined to take the case, but the Nevada Supreme Court reversed. The justices looked at where the child's life was actually centered and concluded that Nevada was still the child's home state when the Nevada filing was made.
Nevada follows the Uniform Child Custody Jurisdiction and Enforcement Act, which is found in Nevada's custody jurisdiction statutes. Under that law a child's home state is generally where the child lived with a parent for the six months right before the case began, and the statute counts time away as part of that period when it is only a temporary absence. For a baby under six months old, the home state is usually where the child has lived since birth. The Gill decision treated the time abroad as a temporary absence rather than a true change of home.
The ruling is a reminder that the calendar can decide your case. Home state jurisdiction is measured as of the day the custody petition is filed, and a parent who acts within six months of a child leaving can often keep the matter in Nevada. A parent who waits may lose that window and find the case anchored in another state or country. If your co-parent has moved or is threatening to move with your child, prompt action protects your options.
Gill v. Gill also addressed what happens when proceedings are already open in another country. Having jurisdiction does not always mean Nevada is the most practical place to decide everything, and the law lets a court weigh factors like where the evidence and witnesses are. The Nevada Supreme Court directed the lower court to communicate directly with the foreign court rather than ignore it. International and multistate custody questions are handled through Nevada's international family law rules, which encourage courts to coordinate instead of issuing conflicting orders.
If your child was born or primarily raised in the Las Vegas area, a trip, an extended visit, or even a longer unplanned stay elsewhere does not automatically hand custody jurisdiction to that other place. The key is whether the absence was temporary and how quickly you file. These cases turn on detailed facts about the child's life, so the strength of your evidence matters. To talk through your situation in a free confidential consultation, call Helping Hand at (702) 605-6347.
Keep records that show where your child's life is rooted, such as pediatrician visits, school or daycare enrollment, and family ties in Nevada. Do not agree to a permanent move in writing if you intend to keep the case here. If a custody dispute may be coming, speak with a family law attorney before your co-parent files somewhere else. Acting early often makes the difference between litigating at home and litigating across a border.
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Not necessarily. Under the 2026 Gill v. Gill ruling, a temporary absence can still leave Nevada as the child's home state. Jurisdiction is measured as of the date the case is filed, so acting quickly helps.
A child generally must have lived in Nevada for the six months before the case begins, and a parent who files within six months of the child leaving can often keep the case here. Temporary absences count as part of that time.
Nevada courts can still have jurisdiction, but they may communicate with the other court and weigh which forum is more practical. The Gill decision directed the Nevada court to coordinate with the foreign court rather than act alone.
Speak with a family law attorney promptly. The timing of any filing can decide where your custody case is heard, and waiting may narrow your choices.