holding child's handThis 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 provided an overview of topics which this series will be addressing. It is important to remember that relocation issues in child custody cases are incredibly complex so you should not take matters into your own hands. It is recommended that you speak with an attorney as soon as possible in order to better understand your situation. In this article, I will discuss how the court will view an out of state move when no custody order is in place. If you or a family member are in need of assistance, then contact my office today to speak with a Las Vegas fathers’ rights lawyer.

Nevada law requires a mother to get permission to move out of state even if there is no court order in place

Unlike other states, Nevada requires the custodial parent to seek written permission from the other parent before moving out of state even if there is no custody order in place. If the other parent does not consent to the move, the custodial parent must instead receive permission from the court to relocate. This is incredibly different from how other states view relocation. Most states allow a custodial parent to move out of state without their co-parent’s permission or a new court order, as long as there is no pre-existing custody order in place. Nevada fathers can file a child custody action with the court if the mother has moved without permission, as long as the mother and the child have not been out of state for over six months. It is therefore incredibly important to act quickly when your child’s mother relocates without your permission.

Further, due to the state’s unique treatment of relocation cases, Nevada fathers who have not already established paternity, should do so immediately. Fathers are considered to have “no rights” until paternity is established. Therefore, without a signed affidavit of paternity, a mother has the right to move out of the state with her child without the father’s permission. Similarly, without paternity, the father will not be able to prevent the relocation. It is also important to seek a custody order after paternity has been established. Custody orders afford fathers the ability to legally enforce their rights as a parent of the child.

You should contact an attorney immediately if your child’s mother has moved out of Nevada without your permission

It is important to contact an attorney immediately if your child’s mother has moved out of state against your wishes and without a court order. The longer you wait to take the action, the more difficult it will be to return your child to the State of Nevada. For example, it may be detrimental to your case if your child’s mother has been out of the state for months and you did nothing about it. As a result, if you do not act fast, the mother’s move may remain in place. It is also important not to take such matters into your own hands and to seek professional assistance when dealing with relocation situations.

In my experience as a Las Vegas fathers’ rights attorney I have handled many matters where a mother has moved without the father’s permission. It is important that you protect your rights. 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 quickly responding to your calls and emails, and keeping you updated throughout the entire duration of your case. Contact me today for an initial consultation.