You’ve got a new job! Or maybe it’s a new relationship. Perhaps you’ve found educational opportunities in another state. You’re looking forward to moving and having a start fresh. But not so fast—if you have a child custody case, you need permission from the court to move your children out of state. Where should you begin? Our Las Vegas child custody attorneys explain.
Relocation and Child Custody
Child custody relocation is the process of getting court permission to move a child to a new location. The location may be out of the local area, out of state or out of the country. When there is a court order that controls custody and parenting time, it establishes a domicile for the child.
To change the place that the child calls home, the parent must have permission. Child custody relocation laws exist to provide children with stability and ensure that parents do not move children to cause frustration or friction with the other parent.
What Is Nevada’s Child Custody Relocation Law?
Nevada’s child custody relocation law is Nevada Revised Statutes 125C.006-125C.00751. The law says that if the move would substantially impair the other parent from having a meaningful relationship with the child, the moving parent must have consent from the other parent or permission from the court.
When deciding whether to allow the move, the court considers various factors like the reasons for the request, whether the move benefits the child and whether the parent is likely to comply with a changed visitation schedule.
How Do You Get Permission To Move Out of State With Your Child in Nevada?
In Nevada, you get permission to move out of state with your child in one of two ways. First, the other parent may grant permission. You must put the agreement in writing. If permission is not granted, the parent wanting to move may still do so over the other parent’s objection with a court order. If the other parent is noncustodial, the court may award the moving parent attorney fees if they refuse to agree for no reason or just to harass the custodial parent.
What Factors Does the Court Consider When Deciding Whether To Allow a Child Custody Relocation of a Minor Child in Nevada?
Under Nevada law 125C.0072, the court weighs the following factors when determining whether to allow child custody relocation of a minor child:
- Whether the parent has a good reason for the move
- If the move is motivated by trying to deprive the other parent of their time with the child
- Reasons the move serves the best interests of the child
- Benefits for the child and the relocating parent
- Improvement to the quality of life for the child and parent
- Whether the moving parent is likely to comply with new visitation orders
- Any attempt by a parent to gain a financial advantage when it comes to child support
- If it’s realistic for the other parent to get a meaningful visitation schedule after the move
- Other circumstances that may be present in the case
The court may consider the various factors as necessary. Although the court may affect the parents, ultimately, the impact on the child is what’s important. The parent wanting to relocate must prove that the move is in the best interest of the child.
If I Have Full Custody, Can I Move Out of State?
If you have full custody, you still have to prove that it’s in the child’s best interests to move out of state. Of course, this is typically easier to do in cases where a parent has primary custody rather than joint custody or visitation. However, you still need permission from the other parent or court approval before making the move.
How Do You Win a Relocation Custody Case?
If you’re researching how to win a relocation custody case, you may do any of the following:
- Get permission from the other parent
- Work out a new custody schedule that helps the other parent maintain a close relationship
- Ask for input from the other parent for a new visitation schedule
- Consider logistics for transporting the child for parenting time
- Petition the court for legal approval to make the move
- Clearly state the reasons for the move
- Articulating how the move benefits the child
- Demonstrate prior efforts to facilitate the child’s relationship with the other parent consistently
- Gather the evidence to present to the court about the benefits of the move for the child
Remember that a relocation custody case is about the child. While new significant others or educational opportunities can be a plus for the entire family, you must be prepared to identify the benefits of the move for the child specifically. An attorney for child custody relocation assistance can help you prepare meaningful arguments and evidence to make your case.
What Happens if a Parent Moves a Child Out of State Without Permission in Nevada?
If a parent moves a child out of state without permission in Nevada, the other parent may petition the court for enforcement or modification of the court order. Nevada Revised Statutes 125C.00753 allows the court to award attorney fees and costs to a parent who must take legal action when a parent with primary or joint custody relocates the child without permission.
In addition, the moving parent may face criminal charges under Nevada Revised Statutes 200.3594, which prohibits unlawful detention of a child in frustration of a court order. Before moving, be sure to take the proper legal steps, such as sending a child custody relocation letter to the other parent.
Can You Get Primary Custody by Moving Away With a Child?
A parent may think that a quick way to get primary custody of a child is by moving without permission. By the time enforcement actions commence, the parent will have spent enough time with the child to establish primary physical custody.
However, the law does not allow the court to consider post-relocation factors or circumstances. In fact, on the contrary, a parent moving without permission may find themselves on the losing end of best interests factors about co-parenting and promoting a healthy relationship with the other parent. It is never advisable to move away with a child without permission granted according to the law.
Attorneys For Child Custody Relocation Assistance
Our Las Vegas family court attorneys can assist you if you need to move out of state with your children. We can also help you respond if your child’s other parent wants to move out of state. Let our attorneys help you understand the law, prepare the evidence and work with you towards the best possible outcome for you and your family. Contact our team today for a free, no-obligation consultation.