This is the third post in my series on how the Rivero v. Rivero decision impacts the rights of fathers in Las Vegas, Nevada. My previous articles discuss the overall way in which Rivero changed child custody law in southern Nevada. I have also discussed the impact of Rivero on Nevada child support. In this article I will be discussing how the decision impacts child relocation cases.
Nevada child relocation law before the Rivero decision
Nevada child relocation law varies depending on your current child custody arrangement. Child relocation matters where one parent has primary custody are handled differently from cases where the parents share joint custody; the Court uses a different standard in each of these situations when deciding if a parent should be allowed to move a child out of state. Cases where the relocating parent has primary custody are more likely to result in the relocation due to the fact that the legal standard for moving is less burdensome in such matters.
Nevada child relocation law after the Rivero decision
Rivero changed the definition of joint child custody in Nevada in a way that made it easier for custodial arrangements to be shared. As such relocation out of state has often been made more difficult for mothers by Rivero; since Rivero increased the chances of a father being awarded joint custody it also, by definition, increases the number of times in which a relocating mother must meet a stricter standard in order to move a child out of state. The decision, therefore, can be seen as making it more difficult to relocate a child to another state.
It must be remembered that the law will cut both ways on this issue. If you are a father wishing to relocate your child out of state then you must also deal with the changes Rivero made to Nevada family law. Contact our office today at (702) 337-3071 if you are defending against a child relocation case or if you wish to move out of state with your child.