This is the next post in my series on Helping Las Vegas Fathers Understand Child Relocation Laws. My last post discussed what a father may do if he opposes the request of a mother, who has primary custody, to relocate the child out of the state. In this article I will be addressing what steps a father may take if he wishes to for his child to relocate with him outside of Nevada.
A father may begin the relocation process by asking the Las Vegas Family Court for permission to move
As with any other aspect of a child custody case, a father has just as much right to request permission to relocate his child outside of the state as does the mother. If the father has primary custody of the child then gaining permission to relocate will be far easier. If the father has joint custody then he will face a harder burden as Nevada law treats relocation cases differently depending on the custody arrangement. As the requesting party, the burden will be on the father to prove to the court that a relocation is in the best interest of the child, and that the move is being made “in good faith.” This means that the father will have to both prove that the move will provide the child with things such as educational opportunities, a more desirable living environment, a quality level of emotional support, and that the father’s move is not intended to negatively impact the child’s relationship with his mother. This initial argument is to be filed in a Motion with the Court. Once filed, a hearing date will be set and the child’s mother will be served with papers announcing the father’s desire to relocate. The child’s mother will then have an opportunity to file an Opposing Motion to fight the move.
A Las Vegas attorney can help to ensure that a father is prepared prior to filing his relocation request
Moving outside of the state is a large undertaking and the Clark County Family Court will expect any person planning a move to approach it in an organized fashion. When a father files a move request then the Judge on the case will expect that the father has serious job prospects, has researched areas to live, has an idea of what kind of education will be available to the child, and that the new location will be able to address any special needs the child has. If the father is not prepared to answer basic questions regarding his plan during the initial hearing then the Judge may deny the request outright. This is why it is important to hire an experienced family law attorney who can ensure that you are prepared with a moving plan prior to filling your request. Relocation orders are not easy to obtain and the Judge will want to ensure that your intentions are both serious and will not cause the child unforeseen harm. During your initial consultation, your fathers’ rights attorney will ensure that you have the information you need prior to stepping foot into family court.
If you are a Las Vegas father and wish to relocate outside of the state then it is important to begin the planning process as soon as possible. Contact my office today to schedule an initial consultation.