This is the next post in a series of articles which will address the handling of Las Vegas divorce cases in which one parent wishes to move out of state with their child. My last article discussed the fact that married parents should obtain Court permission to move out of state rather than moving while married. It also stressed the need to speak with an attorney rather than taking matters into your own hands. Failing to follow proper channels can greatly hurt one’s case. In this article I will be discussing how to request permission to relocate after a divorce has been completed. If you or a family member are in need of assistance then contact my office today to speak with an attorney.
Divorced Las Vegas parents can request permission to relocate by filing a Motion with the Court
Nevada’s Revised Statutes require the parent wishing to relocate out of state after a divorce is completed to file a Motion for Permission to Relocate with the Court. This Motion is essential as it formally requests the Court’s permission to move with the child. The filing of this Motion initiates the legal procedure and it typically takes four to six weeks before the initial hearing is held. During the initial hearing, the focus is on the arguments presented by the attorneys representing each parent. There is no testimony from the parents or any witnesses during the initial hearing, making it primarily a legal discussion about the merits of the move.
If warranted, the Court has the discretion to grant, on a temporary basis, permission for a parent to move immediately. This provisional approval allows the parent to relocate while further determinations regarding a permanent move are pending. For instance, if a parent receives a job offer that requires relocation and the move is in the best interest of the child, the Court may allow this temporary arrangement. However, it is important to note that any permission granted at this stage is only temporary. A trial is scheduled later to determine whether the relocation should be made permanent, by examining the implications for the child’s well-being and stability.
The consequences for Nevada parents who move out of state without the Court’s approval
Nevada parents who move without proper Court permission can face serious legal ramifications. If a parent relocated without the necessary approval, the other parent can file an Ex Parte Motion for Return of Child with the Court. Essentially this Motion is requesting the return of the child to Nevada. This legal action involves the Court issuing an order for the child to be returned, which can be accompanied by consequences for the parent who moved. The consequences may include among other things: the Court holding the parent in contempt of Court, imposing fines, attorney’s fees, and modifying custody arrangements to favor the other parent. As such it is important for the parent to file the appropriate Motion with the Court as soon as possible if such is the case as contrary actions may be detrimental to the well-being of the child.
Such actions can overshadow the custody case and can significantly impact the parent’s standing in Court. Courts always prioritize the best interest of the child, weighing factors such as whether the parent is willing to foster a relationship with the child, stability, and the overall emotional well-being of the child. For divorced Las Vegas parents, understanding the legal framework surrounding relocation is crucial. Filing a motion for permission to move, attending initial hearings, and following Court directives are vital steps in ensuring that any relocation is in compliance with the law and the best interest of the child. It is essential that parents navigate the various processes carefully as failing to do so can result in adverse consequences and negatively impact the custody arrangements.
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 and I regularly handle child relocation cases. I pride myself on providing a high level of service and I look forward to being of assistance.