This is the next post in my series on how Nevada’s custody laws apply to parents within the state and who are looking to relocate. My previous article discussed situations where a parent with primary custody hopes to relocate out of state with the parties’ child. It is important to understand that relocating a child out of state drastically changes the relationship between parent remaining in the state and child. Retaining an attorney can help ensure that your move is handled correctly. This article will explain how a parent may request permission to move out of state immediately when they have primary custody of the child. It is my goal to provide information which will assist with the selection of an attorney. If you or a family member are in need of assistance then contact my office today to speak with a child custody lawyer.
Nevada Courts may allow a parent to move out of state on a temporary basis and schedule trial for a later date
Nevada’s Revised Statutes require a parent to seek permission prior to relocating out of Nevada if primary custody has already been established. NRS 125C.006. This permission can come in one of two forms. First, the moving parent may request written permission from the other parent to move. If such permission cannot be obtained then the moving parent must Petition the Court for permission to relocate. Once such a Petition is filed then the Court will grant the request if the relocation would serve the best interest of the child. The factors which the Court will consider, when determining whether the move would be in the best interest of the child, are outlined in NRS 125C.007(1). If a parent with primary custody attempts to move out of state with the child, without the permission of their counterpart or the Court, then the Judge will often order the child returned to Nevada and the offending parent may very well be held in Contempt of Court.
After a Petition is filed, the Court may also allow you to move on a temporary basis with your child. If this occurs, then the court will typically schedule a trial at a later date. Suppose, for example, a parent has primary custody of the parties’ child. They are offered a job as a literacy specialist in a highly regarded school district which begins the following school year. The other parent does not approve of the move and does not provide written permission for them to relocate. The moving parent may file a Petition to the Court which outlines the circumstances including the new job offer, timeline, and how the move serves the best interest of the child. Since the moving parent has primary custody of the child, the Court may grant the move on a temporary basis and schedule a trial for later to determine whether the child’s relocation out of state should be permanent.
If you need to move immediately, then the Las Vegas Court may hear the request for relocation on shortened time
There are situations where a parent needs to move immediately out of state. In such cases, the Court may hear the moving parent’s relocation request on “shortened time.” This means that the Court will hear both parent’s arguments and rule on whether the requesting parent is allowed to relocate with the child on an interim basis. A decision as to whether the move should be made permanent would then be reached at a later date. If you’re considering moving out of state, you should contact my office and retain an experienced attorney as soon as possible. Relocation is an important issue and the Court will not take any relocation request lightly. Having experienced counsel helps ensure that your rights are protected and arguments are presented in the best possible manner to the Court.
Suppose, for example, a parent has primary custody of the parties’ child. They are offered a job in Los Angeles that doubles their annual salary. The only caveat is that the job begins in two weeks. The other parent does not approve of the move and does not provide written permission for them to relocate. The moving parent may file a Petition with the Court which outlines the circumstances including the new job offer, timeline, and how the move serves the best interest of the child. Since the moving parent has primary custody of the child under Nevada law, the Court may grant the move on a temporary basis if they can demonstrate if it is in the best interest of the child.
If you are considering moving your child out of state, or are opposing such a request then contact my office online or telephone today. I understand that these issues are often contested and we are ready to assist you. We pride ourselves on providing quality representation to our clients and we look forward to speaking with you. Having experienced counsel helps ensure that your rights are protected and arguments are presented in the best possible manner to the Court.