Can You Modify Child Custody If You Move Out of State?

Relocating to a new state can be quite challenging, especially when children are involved. In Nevada, understanding the legal stipulations regarding child custody is paramount. Child custody laws are not the same as they were years ago. If you or the other parent are planning a move out of state, understanding Nevada’s custody laws can help preserve your parental rights and the best interests of your child.

The Need for Consent When Relocating a Child 

The State of Nevada values the role of both parents in a child’s life, as outlined in NRS 125C.006. If the custodial parent decides to relocate to a new state or a distant location within Nevada, they must first seek written consent from the noncustodial parent. If the noncustodial parent refuses, the custodial parent has the right to petition the court for permission. However, if the court discovers the noncustodial parent denied consent out of malice, they can impose a legal fees and court costs penalty.

Complexities of Shared Physical Custody and Relocation in Nevada 

In Nevada, child custody matters grow more complex when parents share physical custody. When parents have joint custody, both have equal rights and responsibilities concerning the child, including the place of residence. If a parent decides to move out of Nevada, they must, like in a sole custody situation, seek written consent from the other parent.

The Need for Written Consent in Shared Custody 

The purpose of seeking written consent is to ensure the non-relocating parent retains the ability to maintain a meaningful relationship with the child. It allows for discussions between parents and promotes mutual decision-making for the child’s best interest. If consent is refused, the relocating parent has the right to take the matter to court.

Petitioning for Primary Physical Custody 

The relocating parent can petition the court for primary physical custody. This process involves presenting compelling reasons for the move, such as better educational opportunities, a new job, or proximity to extended family. The court will then weigh these factors against the potential impact on the child’s relationship with the non-relocating parent.

Potential Legal Consequences of Relocating Without Consent

 Relocating without the appropriate steps is a serious offense in Nevada. Parents who move their child without seeking written consent or obtaining primary physical custody could face criminal charges, such as custodial interference or kidnapping.

No Consideration of Child’s New Life Post-Relocation 

Importantly, in these custody decisions, the court will not consider the child’s potential new life in the relocation area. Instead, the decision is based purely on the child’s current best interests, focusing on maintaining stability and continuity in the child’s life, and preserving their relationships with both parents.

How Naimi Family Law Can Help

When facing relocation challenges, it is essential to have a reliable legal partner by your side. At Naimi Family Law, we can help whether you aim to move out of state with your child or are fighting to prevent your child from leaving Nevada. Our dedicated team can effectively present your case and protect your parental rights. Our solutions-oriented approach has helped numerous parents achieve their goals.

Reaching Out for Professional Help 

Handling child custody issues is stressful. Our team at Naimi Family Law is here to help you understand Nevada’s child custody laws and the relocation process. Don’t let a complicated legal system add to your worries. We’ll guide you every step of the way. Contact us to schedule a confidential consultation and learn how we can help you.

We are dedicated to helping our clients navigate their legal challenges. Regardless of your situation, we can help you understand and proceed with your case. Naimi Family Law is an experienced, knowledgeable, and compassionate firm. We can assist you every step of the way, so please get in touch to schedule your free case evaluation or contact us at (702) 901-4800.

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We are located at 10000 W. Charleston Blvd. Suite 160, Las Vegas, NV 89135