child packing for moveThis is the next post in my series addressing whether a parent can move a child out of Nevada when there is no custody order in place. My last article discussed dealing with a mother who moved the child out of Nevada without permission. It is important to remember that the first step in such a situation is to contact an attorney as opposed to taking matters into your own hands. Engaging in self-help may actually hurt your custody case. In this article I will be discussing how to oppose a co-parent’s request to relocate to another state. If you or a family member are in need of assistance, then contact my office today to speak with a Las Vegas lawyer.

You can oppose a request for relocation from Nevada by showing that the move would not be in the child’s best interests

The Court’s main concern when deciding relocation requests is whether the move would be in the child’s best interests. There are multiple factors the Court will consider in order to determine this. The Court will look at whether the move will improve the quality of life for the child. For example, it will consider whether the move will offer the child more opportunity for growth and happiness. Further, the Court will examine to what extent long distance visitation would be feasible. For instance, if the child is off from school for the summer, long distance visitation would be much easier than if they attend school year-round.

The Court will also review the other parent’s basis for opposing the move. Consider a situation where a father exercises his visitation rights regularly and very clearly wants to be in his child’s life. The Court will be more likely to deny a request for relocation since the father’s reason for opposing the move is in good faith. On the contrary, if the father rarely exercises his visitation rights and opposes the move only to upset the mother, this would likely be a bad faith opposition. Similarly, the Court may also look at whether the moving parent can be expected to comply with visitation orders. The Court will decipher whether the mother has a history of complying with the orders or not. Finally, the Court may find it important to consider whether the child will be able to maintain a relationship with siblings. Courts typically will not want to split up brothers and sisters when possible. It is also important to note that none of these factors are conclusive. The Court will look to all factors and consider them as a whole before making a decision.

It is also possible to oppose your co-parent’s request for relocation from Nevada on the grounds that it is not specific enough

Courts will deny requests for relocation if they are not specific enough. The moving parent’s request for relocation must specifically state the reason for the relocation, among other details. The reason for the relocation cannot simply be because the parent needs to move. The parent must outline why they must move, such as if it is for work, to take care of a sick family member, or another valid reason. Further, the request should state where the child will be living, attending school, and how the move will impact the child’s relationship with the non-custodial parent. It should also discuss the financial, emotional, and educational impact that the move may have on the child.

If your child’s mother has filed a request for relocation and you wish to oppose it, you should consult with an attorney to discuss your options. Retaining counsel will help ensure that you protect your rights. I am an experienced Las Vegas fathers’ rights attorney. I understand the serious nature of relocation cases and my office will give your case the attention it deserves. I devote my practice to the handling of family law, and I pride myself on providing a high level of service. This includes staying in regular communication with you as the case moves forward and making sure you know what to expect from the process. Contact my office online or by telephone today to schedule an appointment. I look forward to speaking with you.