This is the next post in my series on the topic of moving a child out of state as part of a Las Vegas, Nevada divorce. My last article addressed how parents must request permission to move after their divorce is completed. Attempting to leave the state with the child, in violation of a Divorce Decree, can result in the Court changing custody in favor of the other parent. Discussing your situation with an attorney can help to ensure that your rights remain protected. In this article I will be addressing the question of whether married parents can move out of state in the midst of a pending divorce. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Las Vegas parents cannot relocate without authorization and must request to move out of state while the Divorce is pending
When a Complaint for Divorce is filed in Nevada, the Court typically issues an automatic injunction prohibiting either parent from relocating the child out of state without prior permission. This injunction is meant to prevent one parent from unilaterally deciding to move, which could jeopardize the other parent’s rights to the child’s visitation and participation in their life.
Parents who wish to relocate while a Divorce is ongoing must file a Motion with the Court to seek permission. This process involves submitting a formal request that outlines the reasons for the move and how it might impact the child’s welfare. Notice of the Motion will be given to the other parent. The Court will typically hold a hearing involving both parents and will consider evidence that supports the parent’s decision to relocate.
A parent may be required to return to Las Vegas if they relocate a child out of state without Court approval
If a parent decides to move without Court approval, they risk being compelled by the Court to return to Nevada, often at their own expense. This situation not only disrupts the child’s life but can also have significant consequences for the parent’s custody rights. Courts view unauthorized moves as a violation of the injunction, which can negatively affect custody rights. Moreover, if the non-relocating parent files a Motion to return the child to Nevada, the Court may view the unauthorized move as a serious issue that could impact custody arrangements. Judges are typically inclined to protect the stability and continuity of a child’s life, and a parent’s unilateral decision to move can be seen as not respecting that stability.
If a child has been taken out of state without the other parent’s consent or a Court’s approval, the other parent can initiate legal proceedings to have the child returned. This process typically involves the other parent filing a Motion for the return of the child. Next the Court will likely hold a hearing to discuss the circumstances of the attempted relocation and determine the best course of action. In some cases, law enforcement may need to be involved, particularly if the child is being withheld by the moving parent, however this should always be a last resort.
I am a Las Vegas lawyer who practices exclusively in the area of family law. I can provide guidance on navigating the legal landscape, ensuring compliance with Court orders, and advocating effectively for your position during all stages of the custody proceedings. I understand that this is a serious time in your life and my firm will give your case the attention it deserves. Contact us online or by telephone today to schedule an initial consultation. I look forward to speaking with you.