A court of this state may modify another state's custody
determination if a court of this state has jurisdiction to make an initial
custody determination because Nevada is the child's home state on the
date the proceeding is commenced, Nevada was the child's home state
within six months before the commencement of the proceeding, or another
state does not have jurisdiction or has declined jurisdiction on the basis
that Nevada is the more appropriate forum. NRS 125A.325; NRS
125A.305(1)(a), (b). A child's home state is "[t] he state in which a child
lived with a parent ... for at least 6 consecutive months, including any
temporary absence from the state, immediately before the commencement
of a child custody proceeding." NRS 125A.085.
In the present case, the Nevada child custody proceeding
commenced in August 2012 when appellant filed the motion to
domesticate and modify the Texas child custody order. The record shows
that the child had been residing in California from August 2011 to May
2012, when appellant brought the child to Nevada Thus, Nevada was not
the child's home state at the time that the action was filed, or within six
months before the proceeding commenced. Rather, the child had only
resided in Nevada for three months and California had become the child's
home state within the past six months because he had resided there for
ten months before his removal to Nevada. Further, Nevada was unable to
exercise temporary emergency jurisdiction because the child had not been
abandoned or subjected to or threatened with mistreatment or abuse.
NRS 125A.335(1). Thus, we conclude that the district court did not err in
denying appellant's request for Nevada to assume UCCJEA jurisdiction.
See Ogawa v. Ogawa, 125 Nev. 660, 667, 221 P.3d 699, 704 (2009)
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(explaining that subject matter jurisdiction in an interstate child custody
dispute is a question of law, reviewed de novo). Accordingly, we
ORDER the judgment of the district court AFFIRMED.'
lebt CUP , J.
Saitta
cc: Hon. T. Arthur Ritchie, Jr., District Judge, Family Court Division
Marvin John Meeks
Fuller Law Practice, PC
Eighth District Court Clerk
'We conclude that appellant's additional arguments lack merit.
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