This is the first post in a series of articles about the impact of moving a child out of Las Vegas when a parent is the primary custodian. This is a common question that comes up when clients are considering life and job changes and want to know how their Court order will be affected. The goal of this series is to explain when it is allowed and how a primary caregiver can relocate. Another goal of this series is to encourage parents to meet with a family lawyer to learn more about the legal process relating to relocations. If you or someone you love need assistance then contact my office today to speak with a family attorney.
The issues I will address in this series are as follows:
- How Nevada child relocation law applies when a parent has primary custody
- Requesting permission from the Court to relocate
- Requesting permission to relocate immediately
- When the Court may deny a relocation request
- How a parent can oppose the primary caretaker’s relocation request
I felt it important to discuss these issues for a variety of reasons. First, Nevada law has a process for the primary custodian to be given permission to relocate out of the state. A parent will not be able to deviate from the custody order until permission is granted by the Court. Second, to request permission from the Court, the primary caregiver should first attempt to receive the consent of the non-custodial parent. Third, you must act promptly to petition the Court for permission for the relocation. Without the Court’s permission, the primary caregiver is restricted by law from moving with the child. Fourth, the Court will always consider what is in the best interests of the child and other factors to determine if the move is beneficial. Lastly, the non-custodial parent can oppose the relocation request and will need to present their case to the Court showing that the move is not best for the child, sensible or in good-faith.
Every case is different based on the facts of each matter, and the Judge must consider the exact circumstances and facts to make a determination. Hiring an experienced attorney will help ensure you present your case successfully before the Judge and understand the legal process. I practice solely in family law and am ready to assist you. If you need assistance, contact us online or by telephone today to speak with a Las Vegas child custody lawyer. We look forward to speaking with you.