NEED TO RELOCATE WITH YOUR CHILD, TAKE THE FIRST STEP.

A parent seeking to relocate their child can be a strenuous process in an already difficult child custody situation. Relocation means more than just moving across town. Nevada law believes relocation to be moving the child outside of Reno to a location that would substantially interfere with the other parent’s ability to visit the child. This relocation could either be completely out of the state of Nevada, or to a place far away from Reno but still in Nevada. Regardless of the new location, a parent should understand how they go about moving with their child.

WHAT NEVADA LAW SAYS ABOUT RELOCATING WITH A CHILD AFTER DIVORCE

  • Under Nevada Law, a relocating parent with primary physical custody must attain written permission from the other parent before the relocating parent and child move. If the other parent won’t consent to the relocation, then the relocating parent must go to the court to get permission to move.
  • If the relocating parent shares joint custody of the child, they must first motion to the court to attain primary physical custody, and then they will have to ask for permission to relocate their child.
  • The Nevada court strongly believes that a parent must attempt to get the non-relocating parent’s permission to move their child before relocating.
  • When the court must decide whether to grant a parent’s request to move their child, they will consider what is in the best interest of the child.

THE STEPS A PARENT SHOULD TAKE

  • Pursuant to NRS 125C.006, a parent with primary custodial care of their child must first try to get written consent from the noncustodial parent to relocate the child. If noncustodial parent refuses to give consent, the custodial parent can petition the court to relocate the child with a motion to relocate.
  • When the parent has joint physical custody, NRS 125C.0065 states that the relocating parent should first try to get written consent from the non-relocating parent to move their child. If the non-relocating parent does not consent, the relocating parent should petition the court for primary physical custody for the purpose of relocating.

MOTION TO RELOCATE

  • A motion to relocate can be filed by parents who wish to relocate their children when the non-relocating parent refuses to consent to the relocation.
  • The courts will review the motion at a hearing. During this hearing, they will consider the following factors:
    1. The relocating parent must show that:
      • there is a sensible, good faith reason to move and the move is not meant to prevent the non-relocating parent from having parenting time with the child
      • the relocation is in the best interest of the child
      • the relocation will be beneficial to the child and the relocating parent
    2. The court will also look at:
      • the quality of life for the child at the new location
      • the educational opportunities for the child at the new location
      • the ability of the extended family to support the child at the current and new location
      • the impact the relocation will have on the non-relocating parent’s parenting time

WHY YOU SHOULD HIRE A FAMILY LAW ATTORNEY

While you may have numerous valid reasons for wanting to relocate your child, the Nevada child custody laws can make it difficult to actually have the freedom to relocate as you wish. A family law attorney can help you simplify and understand the child’s relocation process. Call Carlson & Work today at 775-298-6403. to talk to top family lawyers about relocating your child.

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