This is the next post in my series on out of state moves for parents who have primary custody of their children. My last article discussed Nevada child custody and out of state moves as a general matter. It is important for parents to understand that, if they relocate without permission, then they may be required to return to the state. They may also be held in Contempt of Court. Retaining an attorney to handle your case can help to ensure that you proceed in the correct manner. In this article I will discuss the process of requesting permission to move. If you need assistance then contact my office to speak with a Las Vegas family law lawyer.
Las Vegas parents who wish to move out of Nevada must file a Motion with the Court
The first step in gaining Court approval to move out of Nevada is to file a Motion. This is a formal document in which the parent will state the specifics of their proposed move, the law supporting their request, and other details. An initial hearing will be set and the other parent will have the opportunity to file an Opposition. The initial hearing will not be a trial and the parties will not testify. This initial hearing will consist of the attorneys for each side briefly arguing back and forth. There are multiple possible outcomes from this hearing. First, the Court can set a trial date to determine if the move should be allowed. Second, the Court may outright deny the request. This would end the matter and leave the current custody order in place. Third, the Court may grant the request without the need for a trial. This final outcome is the least common and only happens under limited circumstances.
A parent who is filing a Motion to relocate should provide the Court with as many specifics as possible. The more detail the Court is provided, regarding the move, then the more the Judge can analyze the request. Specifics should include where the parent will be working, the school or school district the child will attend, information regarding living arrangements, a proposed visitation schedule, and more. Quite often, parents submit overly vague requests to the Court. Submitting a request without sufficient details makes it more likely that the Court will deny the request. Retaining an attorney to help with the situation is an important step towards knowing all the information which should be provided to the Court.
Parents will be given the opportunity to conduct discovery prior to trial
Each parent will typically be given the opportunity to conduct discovery in between the time of the initial hearing and the trial date. This is the process by which information is gained for the other side in litigation. Discovery allows for the obtaining of documents and records, to require the other party to provide written answers to written questions, and to obtain sworn testimony from the other party and additional witnesses. If the matter does not otherwise resolve, the matter will conclude at a trial. Such trials are decided by the Judge as there are no juries in Family Court. The Court will issue its ruling either immediately following the trial or shortly thereafter. The parties will be required to follow any Orders which the Court issues.
The process of litigating a child relocation case is extremely complicated. Not having quality representation may result in a request being denied in the very early stages. It may also result in one not having needed evidence at trial or not being able to properly admit such evidence. Retaining an attorney can help to make sure that the process is being followed correctly. As a Las Vegas family law lawyer, I am experienced in the handling of such matters. I pride myself on providing quality assistance and I practice no other area besides family law. Contact my office online or by telephone today to schedule an initial consultation.