This 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 how the court will view an out of state move when custody has not been established. It is important to remember that unlike other states, Nevada requires the custodial parent to seek written permission from the other parent before moving out of state. If the other parent does not consent to the move, the custodial parent must instead receive permission from the court to relocate. Due to the unique nature of our state’s relocation laws, you should not deal with these complicated situations on your own. In this article, I will discuss the process of requesting a move from Nevada to another state when you have physical custody of your child. If you or a family member are in need of assistance, then contact my office today to speak with a lawyer.
The first step in requesting to move a child from Nevada is to file a Motion for Permission to Relocate with the Clark County Family Court
If you are seeking to relocate to another state with your child and your co-parent does not provide consent, you must begin the process by filing a Motion for Permission to Relocate. This motion is filed with the Clark County Family Court and must outline several details regarding the relocation. It must explain where the parent and child will be living and the reason for the relocation. It is also crucial to include how the move will benefit the child. For example, the court will want to hear about where the child will be attending school and details about the district’s education system. Further, in cases where the child is of sufficient age and capacity, the court may have someone (typically, a social worker) interview the child regarding the relocation. The interviewer will also check in with the child more generally to see how he or she is doing. Overall, strong cases for relocation are ones where the move will benefit the child and the parent’s quality of life.
Once this motion is filed, the court will set a date for the hearing which will be within four to six weeks. Parents can also file a motion for an expedited hearing if the need to move is pressing. Expedited hearings are typically granted in situations where, for instance, a parent is randomly told they must relocate for work in two weeks. At the hearing, the court will decide whether to deny the parent’s motion or to bring the case to trial for a final determination. The court will also consider whether to allow the parent to immediately relocate temporarily until the trial is held. For example, an immediate move might be granted if the mother received a new job and needed to begin immediately or else she could not provide for her child. At the trial, the court will decide whether to grant or deny relocation. If the parent has already moved temporarily, the court will decide if they can stay. The court is ultimately going to base its decisions on what is in the best interests of the child.
It is important to retain an attorney to assist you with the legal process if you or your co-parent are relocating from Nevada
You should have a legal representative assisting you throughout the entire process if you are personally seeking to move out of state with your child. Relocation in child custody cases is incredibly complex and especially unique in the State of Nevada. These issues are also very sensitive. It is very important to have an attorney that can advocate for you in the courtroom. Furthermore, if you are a parent seeking to oppose your co-parent’s relocation, you need someone with experience in such cases. Child custody lawyers are skilled at opposing relocations and arguing your case on your behalf.
In my experience as a Las Vegas fathers’ rights attorney I have handled many matters where a parent is seeking to relocate out of state. 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 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.