This is the first post in a series of articles which will address the handling of divorce cases in which one parent wishes to move out of state with their child. I am writing on this topic due to the fact that individuals are often unsure of what rights they do, and do not, have in such situations. Allowing the current situation to go on longer than necessary, however, can make it more difficult to gain Court permission to move in the future. I am writing this series, therefore, with the goal of providing information which will help people to better understand their situation. It is also my goal to provide information which will assist with the selection of a lawyer. If you or a family member are in need of assistance then contact my office today to speak with an attorney.
I will be addressing several topics over my coming articles. Issues which I will be analyzing include:
- Whether a married parent can move out of Nevada with their child prior to divorce
- Requesting permission to relocate after a divorce case is completed
- Moving out of state with a child while the divorce is pending
- Handling child visitation when the parents live in separate states
I have chosen to address these particular topics for multiple reasons. First, a married parent can move the child out of state prior to filing for divorce. Such a parent may quickly be ordered to return, however, as Nevada would have jurisdiction over the child for at least six months. Second, the Divorce Decree will contain an Order for child custody. This means that any post-divorce request to move will amount to a change of custody request. Third, a Court may grant a parent temporary permission to move with a final decision being delayed until trial. Finally, if a parent fails to properly follow out of state visitation orders then the Court may modify the custody arrangement.
A key point I will be making in each of these articles is that it is important to contact an attorney as soon as possible if you have children and are considering divorce. Such matters can quickly become complicated and can involve complicated legal questions. Experienced counsel will make sure that your rights are protected throughout the process. I am a Las Vegas lawyer who handles both divorce and child relocation cases. I practice solely in the area of family law and I look forward to being of assistance. Contact my firm online or by telephone today to schedule an initial consultation.