This is the next post in a series of articles discussing child relocation requests when a parent seeks to move a child outside of Nevada to accept new employment. My previous article focused on the importance of presenting a detailed relocation plan to the court in support of such a request. This is particularly true when seeking expedited approval for the move for the purpose of accepting a new job immediately. The Court will be interested in maintaining stability for the child and will scrutinize the plan to determine whether the move will be in the child’s best interest. A developed relocation that includes specific details about the employment opportunity and living arrangements can help support this claim. In this article, I will discuss another important topic: how a Las Vegas father may challenge a mother’s expedited request to move in order to start a new job. If you need assistance with a child custody issue, contact my office today to speak with a fathers’ rights lawyer.
When a father learns that their co-parent wants to relocate with their child, they may not know how to proceed. Responding to such a request with little time to prepare can be especially challenging. It is possible, however, to successfully oppose a mother’s move-away request on various grounds. A dad may identify reasons why the relocation would not be in the child’s best interest. This may include presenting evidence that the move would negatively impact the father’s relationship with the child, such as significantly reduced visitation and communication opportunities. Other factors, such as statistics that the child’s new school is known for poor student performance, lack of access to the child’s critical health care specialists, or uncertain living arrangements may be important. Highlighting any uncertainty about the co-parent’s job prospects or other material aspects of the relocation plan may also be relevant. To help maintain stability for the child, the Court is often reluctant to grant a temporary relocation order on the basis of an undeveloped plan.
This concept is perhaps best explained by an example. Suppose a child’s mother files a Motion Requesting Relocation citing new employment as the primary justification. She proposes a move to Michigan, citing better job opportunities in her field of computer science. At the time of the preliminary hearing, however, she has not received a formal job offer. She, therefore, cannot identify a long-term plan for where they will live, schools, and how she will support them once they are there. The child’s father may argue that her relocation plan is too uncertain and that their cross-country move may not be permanent. The long-distance between Michigan and Las Vegas would preclude any meaningful visitation opportunities. He could also demonstrate that his child will benefit from the stability of remaining in his father’s home, current school, and near friends and family. Every family and relocation request is different. How the Judge will rule in any given case will be based on the specific facts of each case. An experienced attorney can review your case and provide guidance throughout the entire process.
My office understands how emotional child relocation cases can be. I have experience handling child custody issues of all kinds, including challenging such requests. If you need assistance with a child relocation issue, contact my office to speak with a Las Vegas fathers’ rights attorney.