Judge pounding gavelThis is the next post in my series on how Nevada law applies to Las Vegas fathers when there is no custody order in place. My last article discussed why fathers should establish a custody order, even if they are on good terms with their ex. Having such an order provides a structure which must be followed if a dispute ever arises. By obtaining an order, a dad can help to prevent future conflict. In this article I will discuss whether a dad can move a child out of state when they have no custody order in place. If you or a family member are in need of assistance then contact my office today to schedule an initial consultation.

Las Vegas dads must seek a Court Order before attempting to move a child out of state

Nevada differs from some other states in that it considers parents as having joint legal and physical custody of a child when no order has been issued by the Court. NRS 125C.0015. Also, Nevada law requires a parent to seek permission to relocate out of state if no custody Order has previously been issued by a Judge. This means, in technical terms, a father must receive permission to move the child out of state even if there is no custody order in place. Doing so without Court permission can lead to potential problems. These include a dad being required to move back to Nevada, with the child, after relocating. This is due to the fact that the mother would be able to file a custody case in Nevada, as long as ours is the state in which the child last resided for at least six consecutive months.

Consider the following example. Jack and Jill have a five-year-old daughter and no custody order. Jack loses his job and decides to move to California where he has a job offer. He wishes to take the daughter with him as he cares for the child the majority of the time. Jill opposes and Jack moves without Jill’s consent. Jill would be able to file a child custody case in Las Vegas. Jack, on the other hand, would not be able to file a case in California as Nevada would have jurisdiction. Jill could also request that the child be returned to Nevada as the case proceeds, and she may claim that Jack violated the law by leaving the state. Whether or not the Judge would grant this request would depend on the specifics of the case. If the Judge does grant the request, however, Jack would either need to move back to Nevada with the child or allow Jill to have custody while the case works through the system. Jack could have prevented this possibility by filing a case, with a request to relocate, prior to moving.

Fathers should retain a child custody lawyer prior to requesting to move a child out of state

Dads who are considering an out-of-state move should retain an attorney to assist them with their case. Child relocation matters are some of the most contested cases in family law and they involve complicated legal issues. An attorney will help you to understand what is needed when making an initial request. They will also utilize all necessary tools when litigating the case. This can include conducting discovery, interviewing witnesses, attempting to reach a resolution with opposing counsel, and more. While an attorney is not required to bring a case in Family Court, having counsel helps to ensure that your matter is handled correctly.

If you or a family member require assistance then contact my office today to speak with a Las Vegas fathers’ rights lawyer. I practice solely in the area of family law and my office will give your case the attention it needs. Call today or contact us online to schedule an initial consultation. We look forward to speaking with you.