woman testifying in courtThis 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 the process of requesting a move from Nevada to another state when you have physical custody of your child. It is important to remember that you must begin the relocation process by filing a Motion for Permission to Relocate. The motion must explain where the parent and child will be living and the reason for the move. The Court will also want to hear how the move will benefit the child. Relocation matters are extremely complex so it is crucial to seek assistance from an experienced attorney. In this article, I will discuss how to request permission from the court to relocate immediately. If you or a family member are in need of assistance, then contact my office today to speak with a Las Vegas lawyer.

Requesting permission to move immediately begins with filing a motion with the Nevada Court and asking for “shortened time”

The first step of the process for requesting permission to relocate immediately with a child is to file a motion with the Court and to ask for “shortened time.” Filing a motion to relocate usually takes four to six weeks to receive an initial hearing. However, by asking for “shortened time,” the parent will be able to receive a decision much quicker if they must move immediately. The parent’s motion must specifically outline when and where they are moving. In order to request permission to move away with a child immediately, there must be a good reason for the move and for the “shortened time.” A commonly accepted reason is if the custodial parent receives a new job in another state and must start in just a few weeks. It will be necessary for the child to go with the parent in order for the parent to start the new job. Further, given the time constraints, the parent would not have time to wait for the normal process. Immediate temporary relocation will provide the parent with the ability to take the job. However, it should be stressed that this is not permanent and at trial, the Court will reconsider whether the relocation can remain in place.

It should also be highlighted that when you come to Court to receive the decision for immediate temporary relocation, you will not be attending a trial. Rather, the judge will hear from each party’s lawyers and make a ruling after deliberation. There are three decisions the judge can choose from based on the circumstances. First, the judge can deny the request for relocation altogether. This would mean that the parent could never move away with the child unless the other parent consents. Second, the judge can rule that the parent cannot move immediately, but will allow for a trial to determine a future move. Finally, the judge could decide to grant the request for immediate relocation, but it will only be temporary. The judge will then set a trial date to see if the relocation should be permanent or if the child should return to Nevada.

Las Vegas fathers should understand that if they are given permission to move, they will need to come back and attend a trial

It is important to understand that even if your motion for immediate temporary relocation is granted, you must still attend a trial as ordered by the Court. As mentioned previously, the trial will allow for the Court to determine whether the temporary relocation should be permanent or not. The trial process will require a discovery period where each party will request and produce evidence to help their case. In order for the moving parent to ensure their relocation remains in place, it will be important that they follow all Court orders regarding communication and visitation. The Court will often look at how well the moving parent cooperated with such orders. If the parent did not follow them, then it may be harmful to their case.

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.