This is my third post in my series on how domestic violence impacts the rights of Nevada fathers. My last post discussed how the Clark County Family Court views domestic violence and the types of evidence that will be considered when determining whether domestic violence has taken place. Today I will focus on how a finding of domestic violence impacts cases involving the relocation of children.
A finding of domestic violence makes it likely the opposing party will be able to relocate the child from Nevada
When there has been a finding that domestic violence has occurred, the Court must presume that the other party should have primary custody. If the other party is relocating out of state then this presumption makes the move highly likely. The Court’s primary concern is the child’s best interest. If the Court finds that domestic violence has occurred then they must assume that some type of damage is being done to the children, whether it is emotional, psychological or physical.
One way to defeat a relocation, in Nevada cases where domestic violence is found to have occurred, is to show that the relocation is not in the child’s best interests and that the move is not necessary. There are many more factors that the Court looks at when deciding whether or not a party may or may not relocate. If you can show that the children are well adjusted, happy, thriving and in a better position here in Nevada then they would be if they relocate, then you are in a better position to succeed in preventing the relocation.
A more severe and more recent charge of the domestic violence may result in visitation being supervised
If the judge finds in favor of the other party and allows them to relocate with the children they will consider how recent the domestic violence was and severity of the violence that occurred. The more severe or recent the domestic violence, then the more likely one is to have to travel for supervised child visitation.
Whenever you enter a court room it is always a good idea to put your best foot forward. The longer one has gone without incident then the more likely it is that the Court will allow visitation in Nevada. For instance, if there was only one incident on file and it was years ago, the Court will consider the possibility of non-supervised visitation.
As I stated before, the Court’s primary purpose is to ensure the best interest of the children. Domestic violence throws up a red flag and is quite a hurdle to leap over. If the other party is claiming you committed domestic violence it is imperative you obtain representation. If you are in need of representation then please call my office today.