Be Aware of Nevada Custody Rules Before Moving Out of State
Custody laws are not what they used to be when it comes to moving out of state. Before relocating, you need to make sure your actions will not violate Nevada laws.
If you are the one staying behind and the other parent is trying to move your child out of state, you need to act promptly to preserve your parental rights. Courts make their decisions based primarily on the best interests of the child. Once a child is moved, the court may decide that it’s in the child’s best interests to remain, although in many cases, that is not supposed to be a factor in the decision. The bottom line is that you should not delay before talking to an attorney about how to protect your parental rights.
Consent is Required to Relocate Child Even When Only One Parent Has Physical Custody
Nevada legislators clarified the rights of noncustodial parents in NRS 125C.006. If the parent with custody wants to move the child out of state or to a location in Nevada that is “such a distance that it would substantially impair the ability of the other parent to maintain a meaningful relationship with the child,” the custodial parent must try to get written consent from the noncustodial parent. If that parent refuses to give consent, the custodial parent must ask the court for permission before relocating.
Of course, the noncustodial parent should have a good reason for refusing to consent. If the court finds that the request was refused just to harass the custodial parent, then not only would the court grant the request, but it would be obligated to require the other parent to pay legal fees and court costs.
What Happens When Parents Share Physical Custody
In families where the court has ordered joint physical custody, if one parent wants to move out of state with the child, then that parent must also try to obtain written consent from the other parent. If that parent refuses, then the parent who wants to move can petition the court to obtain primary physical custody for the purpose of relocating.
Then they will need to hold off on relocating until they obtain primary physical custody. Otherwise, they can be found guilty of a serious criminal offense. Moreover, trying to relocate quickly to get a child settled in a new environment will not help them demonstrate that the child’s best interests are served by not returning. The court is not supposed to consider the child’s life after relocation when weighing factors to decide whether the child should remain or return.
Naimi Family Law Group Can Help You Achieve Your Objectives for Relocation
Whether you are seeking to move with your child or to prevent your child from leaving the state , you deserve to have your side of the story presented persuasively to the court. At Naimi Family Law Group, we fight to protect parents’ rights and find creative solutions to help achieve goals. Contact us for a confidential consultation to learn how we can help.