This is the next post in a series of articles discussing child relocation requests when a Las Vegas father is forced to move outside of Nevada to accept new employment. Our previous post provided an overview of the topics to be discussed throughout the series. It also stressed the importance of contacting an experienced family law attorney to assist you with preparing your relocation request. When forced to move out of state for employment reasons, many dads who share parenting wish to take their child with them. In such cases, advanced permission of the Clark County Family Court is required. This is not always easy to obtain. This article will discuss how immediate re-employment needs may impact one’s request to move out-of-state. If you need assistance, contact our office to speak with a fathers’ rights lawyer.
We have previously written about the rights of fathers to request and oppose relocations of their children outside of Nevada. It is important to remember that dads who equally share custody with their ex-partner have the same rights as mothers under state law. However, moving requests are frequently challenged by the parent remaining behind and often become contentious in court. The court will carefully weigh the decision to grant a parent’s motion to relocate a child outside of the state to determine whether moving is in the child’s best interests. Under normal circumstances, a parent must file a Motion with the court seeking permission to relocate. After notifying the other parent of the request, the court will schedule an initial hearing. To the extent the parties are unable to reach a settlement agreement regarding custody modification outside of court, the judge may schedule additional hearings or a formal trial to resolve the issue. Throughout the case, the court will review the evidence presented by each parent justifying their respective positions and consider whether to approve or deny the relocation request. The process can be time consuming depending upon the facts of the specific case.
When the motivation for the move is immediate re-employment, a father may not have time to wait for the customary legal process to play out. It is possible, under such circumstances, to request an expedited decision by the court. In such cases, the court may approve or deny the request outright or authorize a temporary move to be followed by a more formal hearing or trial to determine a permanent new custody arrangement. For obvious reasons, the stability of the child’s environment will be an important factor in the court’s review. Preparing and submitting a detailed relocation plan to the judge is imperative in such cases. The plan will be attached to one’s initial motion requesting the ability to relocate. Including as many specific details as possible may proactively answer the judge’s questions and concerns and will likely also demonstrate that one has considered the needs of their child.
I understand that during difficult economic times, many Las Vegas fathers have little option but to move out of state to find work. Doing so does not mean that you have to leave your child behind. If you are considering relocating with your child for employment or other reasons, contact my office today to speak with a Las Vegas fathers’ rights attorney.