This is the next post in a series of articles discussing child relocation requests based on a parent’s need to seek employment outside of Nevada. My previous post discussed how a father may defend against their co-parent’s request to move out of state. To challenge such a request, he must demonstrate relocating is not in the child’s best interest. The earlier articles in this series focused on a parent’s desire to move for immediate reemployment. In this article, I will discuss relocation requests based on less urgent employment reasons. If you need assistance with a relocation matter, contact my office today to speak to a fathers’ rights attorney.
Moving outside of the state with a child subject to a custody agreement will require the court’s approval regardless of a parent’s reasons for doing so. The court will evaluate whether the move is in the child’s best interest. Any relocation request should include a detailed relocation plan, including as much information about the move and the potential impact on the child as possible. When a parent’s new employment is the motivation, a plan should include information about the job offer, salary, insurance, and any other benefits that justify the parent’s decision. There are times when an unemployed or laid off parent is forced to relocate on very little notice. This can present a challenge when seeking expedited court approval because the specific details about the relocation may not be available. On the other hand, when the need is not urgent, a longer planning period can give the requesting parent benefit of presenting a fully developed plan to the court.
Consider the following example. A Las Vegas father is terminated from his job at the casino. He shares custody of his son and is the primary breadwinner for his family. There are few jobs available and he is forced to seek employment outside of the state. He has been considering moving to California for months and has fully investigated a new area. While visiting, he applies for several open jobs, identifies an apartment, and meets with the admissions director at the local school. This information helps comprise a detailed relocation plan that he submits to the Court along with his Motion Requesting Relocation. He also includes a realistic visitation schedule, consisting of bi-weekly zoom calls and travel dates. His co-parent may still attempt to defend against his moving request, however, presenting more evidence to the court will increase his chances of demonstrating that the move is in the child’s best interest. An experienced attorney can help you gather and present relevant evidence to the judge in support of your case.
The decision to move a child away from their other parent can be stressful. In today’s job market, however, one may have no other option but to accept employment out of state. When the ensuing legal process results in a custody battle, an experienced attorney can assist you. If you need help with a relocation issue, contact my office to speak with a Las Vegas fathers’ rights lawyer today.