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Moving a Child Away From Other Parent



If you live in Nevada and you want to relocate either a great distance away in Nevada from the other parent or outside of the state of Nevada, you are supposed, to according to the Nevada Revised Statutes 125 C, either get permission from the other parent to relocate. That's the first step you have to try to get it and if they do not give you permission, then the recourse is to file a motion in family court asking the judge to rule that you can relocate with your child. And in order to do that, you're going to have to prove various things to the

judge. And I'm going to go through those various things quickly. Obviously there's a lot more to this than just what's in the statute. There's case law. And there's the particular or circumstances of your case, your special circumstances, your child's special circumstances. Any other parents special circumstances. So it's always a good idea to have an attorney analyze your situation and give you feedback on whether or not you'll be successful and how much it's going to cost to relocate with your child. All right. So assuming that you're your ex is permitting you to relocate. They are giving you permission. I still recommend consulting an attorney and drafting what's called a stipulation and order, a document that verifies that you do have the right to move which will necessarily change custody. It could change custody from joint custody to one parent have primary custody and the other parent having visitation. It could also change the visitation schedule and child support. So with all those things said, it would be wise to have both parents sign in front of a notary public a stipulation to that effect. And then submit the stipulation with an order the judge so that the judge can sign it and become an official enforceable order at that point. Okay so you can look at my information on my website about stipulations and orders where you're agreeing with your ex. And you can watch my videos on that topic as well. I will put them that information those links in the in the description below this video on YouTube. Now let me go over the factors if the parent does not agree to the relocation of the child. So to file a petition with the court, you're going to have to explain in your document that there is a sensible good-faith reason for the move and that the move is not intended to deprive the non relocating parent of his or her parenting time words you're not just moving to frustrate the other parents visitation and custody B so this is NRS 125 C 0:07 be the best interests of the child are served by allowing the relocating parent to relocate with the child. I've done a video on the best interest factors this is something that should be viewed to determine whether you could approve those factors to make your case for relocation so I will put a link down in the description below on the video to the best interest factors see the child and the reloading relocating parent will benefit from an actual advantage as a result of the relocation so if you're moving and you're actually going to be in a worse situation you are here or a comparable situation and what's what's the use of moving so you have to explain that there's an advantage to you into the child for you relocation okay now if you file that motion and you do demonstrate all of that in your motion or in your petition the court and the other parent files on opposition it says no I have opposing views on all of that the courts going to have to do an evidentiary hearing which is a trial to determine who wins and after the trial the court has to consider all of the following factors and to determine whether you win or the staying parent wins the staying parent they win that means a child won't relocate you might still be able to relocate but you might be able to relocate with your child so these are the factors above and beyond the ones I just discussed above and beyond the best interest factors these are the additional factors the court has to look at following a trial so again this is in 125 C 0 0 7 subsection 2 A through F a the extent to which the relocation is likely to improve the quality of life for the child and the relocating parent this goes probably to actual advantage but this is where the parent can describe you know that there's other family in the other place that the child can now have access to and was deprived of before maybe there's better school the better opportunities etc be whether the motives of the reloading relocating parent are honorable and not designed to frustrate or defeat any visitation rights accorded to the non relocating parent this sounds duplicitous redundant right I mean we just addressed that but again what I addressed above is what you put in your paperwork what I'm addressing now is what the chart judge has to decide in order to find in your favor so if the motives of the relocating parent are honorable and not designed to frustrate or defeat any visitation rights well what might be relevant there is whether the other parent the the parent the staying parent actually was exercising your visitation rights anyway if they weren't then all of a sudden now they care because you're relocating that's gonna seem silly also if you're willing to even give more visitation than what that parent had before you know entire months in the summer week in a winter a week in spring and so on and maybe open visitation in the new place the staining parent can come and travel and visit anytime they want so if you offer that that seems like your motives are reasonable you're not doing it just to frustrate the other parents rights see whether the relocating parent will comply with any substitute visitation orders issued by the court if permission to relocate is granted so I always advise my clients to explain to the court the type of visitation that you would like the other parent to exercise and you know what the judge might just adopt it might say you know what that's very fair and reasonable and that's what we're going to do so but the question is will they comply so if you are trying to relocate and you've actually withheld your child in the past and the other side can prove that you did it and was terrible and you withheld a child from that parent and now you're saying oh I'm gonna relocate and the child's going to have as much or more visitation as they had in the past but you actually withheld a child in the past that's gonna look like you might have a look you might be struggling with factor C and the court might not think that you can meet that factor now remember these these factors any one of these factors can blow all the other factors away these this is a these are factors so the judge can can focus on anyone over the others but should consider all D whether the motives of the non relocating parent are honorable in resisting the petition for permission to relocate or to what extent any opposition to the petition for permission to relocate is intended to sheriff financial advantage in the form of ongoing support obligations or otherwise so if you're going to relocate with the child and that's going to mean now that you have primary custody whereas you and we had joint custody before then the staying parent is going to have to pay child support and that might be the reason and the only reason that the staying parent is objecting they don't want to lose joint custody simply for financial motives and that would have to be demonstrated to the judge a way to convince as a judge that this staying parent is not being fair etc okay motives are financial only and not the motives for the best interest of the child II whether there will be a realistic opportunity for the non relocating parent to maintain a visitation schedule that will adequately foster and preserve the parent relationship between the child and the non relocating parent if permission to relocate is granted well yes again I said it's proposed to the court to schedule you think would be fair to the other parent and a lot of times parents will say they can visit in my new home anytime they want if they give reasonable notice that they're coming and so forth and you know what since you're relocating they'll even pay for the plane fare for the child to go visit the staying parent and also you might even give them a break in child support for the extra cost of travel and you're going to give open access to Skype Facebook except FaceTime and other communication tools so that the staying parent can still have communication and foster a meaningful relationship with the child no matter where they are all right the last the final factor ff4 final any other factor necessary to assist the court in determining whether to grant permission to relocate so this is to catch all that's the final factor is to catch also if if there's some really important or interesting fact that cannot be addressed in any of the other factors for some reason and the judge can cite to this factor as their reasoning to either allow the move or not allow the move so again you should if you're planning to relocate listen to and look up on my website the the videos and the information I have on getting an agreement with your ex and the lengthy video I did on best interests of the child which is factors a through L I don't want to repeat them all here because it's almost thirty minutes so go ahead and look that up and consider those factors in your analysis and try to get the evidence you can to support all of these factors whether your move is so apply all the factors to your situation like for instance whether motive of the non relocated errand are honorable if you can have show evidence that that non relocating relocating parent is not being honorable that's no it's good negative you want positive evidence and negative what positive evidence to show it's it's a great wonderful thing for your child to relocate and you want negative evidence to show why the child staying here would not be good alright so if you have any questions or want a consultation at my law office please text me call me and book through my website or what have you come in and meet with me I only charge $100 per hour for consultation services and we could discuss your family planning your moving and all the other circumstances now relocation cases are the hardest cases or some of the hardest cases that family court has to deal with because the court has to balance the parents rights the fundamental rights are raised there children and be in their children's lives so my parents gonna win the other is going to lose that's rough so the only way that the court can can sort that out is by looking at something else which is the child the child's rights the child's rights to have a happy and successful childhood and a good and bright future which is why the best interest factors are so fundamentally important to this analysis and why all these other factors that are in the Nevada Revised Statutes are there these factors actually came out of case law decades of case law decades of parents going up in front of Nevada Supreme Court to argue what their rights are develop these factors which only in the year 2015 became adopted by the Nevada Legislature so they're now in the Nevada Legislature but this is decades and decades of judicial endeavors by parents to come up with this list so it's a very important less than the judges will consider them these factors very very happily I hope that was helpful and I look forward to helping any of you if you want to come to my office.

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