This is the next post in my series on relocating a child outside of Nevada when a parent has primary custody. My previous post discussed the process of requesting permission to immediately relocate a child out of Nevada. Regardless of the reason for relocation, Family Courts will always focus on whether the move is in the child’s best interest. The Court will look at a variety of factors when deciding the matter of relocation. This article will explore why the Court may deny relocation requests even if the parent has primary custody and what factors are analyzed in these types of cases. Having an experienced attorney who can present as much information can be the difference in getting the right outcome in your case. If you need assistance, contact our office to speak with a Nevada relocation lawyer.
Nevada Courts will deny a relocation request if it does not serve the best interests of the child
It is important to understand the factors which the Court will consider, when determining whether the move would be in the best interest of the child. These factors are outlined in NRS 125C.007(1). Nevada differs from some other states where the Court focuses not only on the impact of the relocation on the child, but also considers the impact of the move on the relocating parent and non-relocating parent.. The factors which the Court will consider include:
- The extent which the relocation is likely to improve the quality of life of the child and the relocating parent
- The motives of the relocating parent is legitimate and not designed to frustrate the other parent’s visitation
- The willingness of the relocating parent to comply with subsequent visitation orders issued by the Court of the permission to relocate is granted
- The motives of the non-relocating parent and the history of any previous visitation orders
- The opportunity to maintain a visitation schedule with the non-relocating parent
When considering the request to move, the Court will also analyze a number of factors such as the opportunities available to the child in the new location, the reasons for the relocation, how the move will impact the child’s relationships with friends and family, as well as the child’s preference (depending on their age and maturity).
The concept of the best interest of a child in a relocation case is best explained through an example. Suppose an Nevada mother with primary custody of her child is laid off from her human resources job. She is unable to find another position within the state and begins applying out of state. She receives a job offer to be a human resources generalist at a small company, but she must relocate to Oregon. She wishes to relocate with her child and accepts the job, but the position must be filled within two weeks.
At the hearing, she may share details about her new job and move including possible living arrangements, educational opportunities for her child, etc. The father may present evidence to oppose the request such as showing that the potential new school is located in a lower-tier district and that there’s no medical specialist to oversee the rare condition of their child. He also shows that there are several open jobs, in the requesting parent’s field, in the Las Vegas area. If the father presents strong evidence, the Court may be hesitant to grant relocation in that scenario and deny the mother’s request to relocate. Retaining an experienced attorney is an important step in making such a request for relocation. It is also important to remember that the Court’s decision will be based on the facts of the individual case.
Retain a Las Vegas child custody lawyer if you are requesting an out of state move
If you or a family member are involved in a family law dispute then contact my office today to speak with a Las Vegas child custody lawyer. My office practices solely in the area of domestic relations law and I understand that this is an important time in your life. Our office also understands that relocation requests are emotionally charged and often contentious. We will give your case the attention it both needs and deserves. Contact us online or by telephone today to schedule an initial consultation.