This is the next post in my series on the topic of moving a child out of state as part of a Nevada divorce. My last article provided an overview of topics which this series will be addressing. It also discussed the importance of speaking with an attorney as soon as possible if you are ending a marriage. Doing so can help to ensure that your rights remain protected. In this article I will be addressing the question of whether married Las Vegas parents can move out of state prior to filing for divorce. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Nevada parents should seek court approval before attempting to relocate a child out of Nevada
Nevada Courts typically require a parent to seek Court permission before permanently moving a child out of state. This means that a married parent must either file for divorce or for a Decree of Separate Maintenance prior to relocating. If a parent leaves the state with the child, while married, then there is a likelihood that they will be required to return. This is due to the fact that, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the matter will be heard in the most recent state where the child has resided for at least six consecutive months. So, in other words, a parent who relocates without first gaining Court permission must understand that the matter will likely be litigated in our state as Nevada will retain jurisdiction over the case. This is in addition to the fact that Courts often see moving without permission as a violation of Nevada law.
The first step in gaining permission to relocate out of Nevada for a married parent is to file a Complaint for Divorce or for Separate Maintenance. The parent may then file a Motion asking permission to move out of state on a temporary basis. If this Motion is granted then the parent will be granted temporary permission to relocate the child. A subsequent trial will determine whether the move should be allowed on a permanent basis. When determining which state the child will live in on a primary basis, the Court’s sole concern will be for the best interest of the youth. A parent who wishes to move, therefore, must make the best possible case showing that the relocation will benefit the child.
A parent can be forced to return to Las Vegas if they move a child out of state prior to obtaining court approval
If a married parent moves a child out of Nevada prior to filing for divorce then the Court will have the ability to order that parent to return for subsequent divorce and custody proceedings. This means that a parent may relocate only to quickly be ordered to return. If a parent refuses to return with the child then the Court can grant a “pickup” order to the remaining parent. Such an order will allow the parent to enlist law enforcement in gaining the child’s return. Moreover, the offending parent may find themselves in contempt of court. Such a finding will typically not bode well in child custody proceedings. Such problems can be avoided by first gaining permission to move.
If you or a family member are in need of assistance then contact my office today to speak with a Las Vegas divorce lawyer. I practice solely in the area of family law. Matters I handle also include child custody, support, and child relocation. I pride myself on providing a high level of service and I look forward to being of assistance.