This is the next post in a series of articles which will address situations in which a Nevada parent has primary custody of a child and wishes to move out of state. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you find yourself in such a situation. It is important that you contact counsel immediately as the process of requesting to move can be quite lengthy. In this post I will discuss, as a general matter, how the law applies to parents in such a situation. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Nevada parents with primary custody must gain written approval or a Court Order to move a child out of state
NRS 125C.006 requires a parent with primary custody to either gain written approval from the other parent or a Court Order before permanently relocating a child out of state. It is important to understand that “taking a child out of state” and “moving out state” are not considered the same thing. The statute does not, for example, prevent a parent from taking a child on a weekend trip to Disneyland. It does prevent a parent from moving their residence out of Nevada. So, in other words, the statute applies to parents who intend to leave Nevada on a long-term basis. A parent who violates this statute risks being ordered to return the child to Nevada. They may also be held in Contempt of Court for violating the existing custody order.
If a parent does gain written consent from the other parent to move then it is important that they still obtain a fresh order from the Court. A new order will dictate visitation schedules, responsibility in regard to paying for the child’s travel, and more. Without this order, a relocating parent will likely wind up back in Court when some form of a dispute arises. Having an Order in place, which reflects the current situation, provides a structure which the parents must then follow. If a parent cannot obtain written consent to move then they must file a Motion which requests permission from the Court to relocate. If the Court grants the request then it will also issue a new visitation Order.
Factors the Court will consider when determining if a Las Vegas parent should be allowed to move out of state
When a parent with primary custody is requesting permission to move out of Nevada then it is presumed that they are able to care primarily for the child. Factors the Court will consider, when determining whether the move should be allowed, include:
- Whether the request is being brought in good faith and is not simply an attempt to eliminate the other parent’s visitation
- That the child’s best interests are served by the move
- That both the parent and the child will gain from the move
If a Court finds that a parent satisfies these requirements then the Court will weigh the factors delineated in NRS 125C.007(2). These factors include:
- Whether the relocating parent can be expected to follow a new visitation order
- The motives of the parent opposing the request
- Whether long-distance visitation is realistic and practical
- Etc.
Parents must remember that how the Court will rule, when weighing these factors, will always depend on the specifics of the situation.
If you or a family member are considering moving a child out of Nevada then contact my office today to speak with a Las Vegas child relocation lawyer. I practice solely in the area of family law and I understand the important nature of such cases. I strive to provide the highest level of service and my office looks forward to being of assistance. Contact me online or by telephone today.