child standing next to suitcaseThis is the next post in my series on how Nevada’s joint custody laws impact parents in the state. My last article discussed how a parent can obtain primary custody, as opposed to a shared arrangement. It must be remembered that a Court will only grant a parent primary custody if it will serve the best interest of the child. When determining what is in a child’s best interest, the Court will focus on objective evidence. An experienced attorney will understand what types of evidence the Court may, or may not, consider in a given situation. In this article I will discuss how joint custody applies to situations where one parent wishes to move out of state. If you require assistance then contact my office today to speak with a lawyer.

Parents must gain permission to move out of Nevada if joint custody has been established

Nevada’s Revised Statutes require a parent to seek permission prior to relocating out of Nevada if joint custody has already been established. NRS 125C.0065. This permission can come in one of two forms. First, the moving parent may request written permission from the other parent to move. If such permission cannot be obtained then the moving parent must Petition the Court for permission to relocate. Once such a Petition is filed then the Court will grant the request if the relocation would serve the best interest of the child. The factors which the Court will consider, when determining whether the move would be in the best interest of the child, are enunciated in NRS 125C.007. If a parent attempts to move out of state with the child, without the permission of their counterpart or the Court, then the Judge will typically order the child returned to Nevada and the offending parent may very well be held in Contempt of Court.

The first step in seeking the Court’s permission to move is to file a Motion for Relocation. A hearing will typically be held in four to six weeks. If a parent needs to move immediately, say for a job transfer, then a request can be made to the Court  to hear the matter sooner. There are several potential outcomes which can occur at the initial Court hearing. First, the Court may rule that the parent has permission to move on a temporary basis and a trial will be set to determine if the move should be permanent. Second, the Court may rule that the parent cannot move for the time being, but that a trial will be held to determine if the move should be permitted. Finally, the Court may outright deny the request. Under this last scenario, the case would be closed and the existing child custody order would remain in effect. The parties will typically attend mediation in between the time of the initial hearing and the trial. If an agreement cannot be reached then a trial will be necessary to resolve the matter.

Retain a Las Vegas lawyer if you wish to relocate your child out of Nevada

If you have joint custody of your child and wish to relocate out of Nevada then it is important that you retain an attorney to assist you. Such cases are amongst the most difficult matters in family law to settle for obvious reasons. Moreover, any parent wishing to move must make a strong showing to the Court as Judges do not take such decisions lightly. Counsel will assist you in understanding whether or not the Court is likely to grant your request and also with understanding what evidence will be needed to prove your case to the Judge.

I am a Las Vegas child custody lawyer who assists with relocation cases. I devote my practice exclusively to the handling of family law matters and I understand the tension that moving can cause. If you or a family member are in need of assistance then contact my office today to schedule an initial consultation. I look forward to speaking with you.