This is the next post in a series of articles discussing child relocation requests when a Las Vegas parent must move outside of Nevada to accept new employment. The previous post in this series discussed the process of requesting permission to move with a child on an expedited basis to start a new job. Regardless of the reason underlying one’s request to relocate, family courts will focus on whether or not the move will be in the child’s best interest. A variety of factors impact this analysis. Presenting as much information as possible, even when there is little time to prepare, can make a difference in the outcome of one’s case. This article will further explore the types of details that may be included in a parent’s relocation plan to support such a request. If you need assistance, contact our office to speak with a lawyer.
During tough economic times, many Las Vegas fathers find themselves out of work. Layoffs, furloughs, and business closures lead many to look for work outside of Nevada. When moving with a child subject to a shared custody arrangement, it is important to understand how the court will review such requests, even when the motivation is urgently related to a job. In every relocation case, the requesting party bears the burden of proof to demonstrate that the move is in the child’s best interest and the relocation request is in “good faith.” As in all custody-related cases, factors such as the parent’s ability to meet the child’s needs, compliance with existing support and visitation orders, criminal history, etc. will be considered by the judge. Furthermore, fathers should be prepared to provide detailed information, therefore, about the proposed move. A well-developed relocation plan will contain information about living arrangements, educational opportunities, emotional and family support, etc. Parents who oppose move-away requests may argue that a vague and undeveloped relocation plan is an indication that the requesting parent has not considered what is best for their child.
It may seem difficult to provide specifics about the move to the judge when reacting quickly to start a new job. Regardless of the expedited timeline, a father stands a better chance of being granted a temporary or permanent relocation order if he can provide concrete details justifying relocation. For instance, providing a copy of the job offer, employer name, pay and benefits, etc. will be more meaningful than vaguely referring to a “better job market” in the new location. Moving to accept immediate employment may satisfy the court that the relocation request has been made in good faith and not to interfere with the child’s relationship with their co-parent. Details about a rented apartment or offer on a house in a top neighborhood may be more persuasive than general information about various potential living options. In addition, if the child will be relocating a significant distance from their other parent, the judge will strongly review a proposed visitation plan. The court will scrutinize the plan to help ensure that the child has the ability to maintain a meaningful relationship with their other parent after the move occurs.
My office understands that fathers may have little choice but to accept employment outside of Nevada to continue to support their family. I have experience representing fathers in child custody and relocation matters. If you need assistance, contact my office to speak with a Las Vegas fathers’ rights attorney.