Las Vegas Child Relocation Lawyer
5 Generations of Experience Helping Custodial Parents Relocate
Serving Custodial and Noncustodial Parents in Clark County and the Las Vegas, North Las Vegas, Henderson, Overton, Moapa Valley, Mesquite, and Laughlin Areas
If the parent with primary physical custody of a child wants to move out of the State of Nevada with the child, the proper procedure is to get the other parent to agree in writing with the move. Otherwise, the parent with primary physical custody must file a motion requesting permission from the court to relocate outside of Nevada. Moving without following the requirement of Nevada law can result in charges being filed against the parent that makes the move.
The parent making the request must have “a sensible, good faith reason for the move” before the court will consider the motion. Cook v. Cook, 111 Nev. 822 (1995). After such a showing, the district court in Clark County, NV, will consider the relocation motion by determining what is in the “best interest” of the child. If the court allows the move, the court may decide to reduce the child support obligation to offset the additional travel expenses to exercise visitation or custodial time with the child. Alternatively, the court could require the parent with primary physical custody to pay the extra travel expenses.
Don’t take any action until after you have sought out the advice of a Las Vegas child relocation lawyer. Before planning a move or relocation, talk with an experienced family law attorney to find out how you can demonstrate to the court that the move will be in the child’s best interest. We also represent the non-primary custodial parent who wants to object to the child moving out of Nevada.
Our attorneys are experienced in actions to modify post-divorce decree orders regarding alimony or spousal support. We are also experienced in representing clients in motions to modify orders concerning child custody, visitation and child support. Call us to discuss the unique facts of your case at (725) 999-6468. We represent clients in modification actions throughout Clark County including Las Vegas, Henderson and North Las Vegas, Nevada.
Relocating with children is complex — get legal guidance that safeguards what matters most. Contact us today.
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Policy Considerations Behind NRS 125C.200
The statute, NRS 125C.200, applied only to instances where a parent has been granted primary physical custody of his or her child and wants to relocate outside of Nevada. NRS 125C.200 was designed to preserve a parent’s rights and familial relationship with the child.
When the primary custodial parent attempts to remove the child over the other parent’s objection, it can create unfair legal and practical advantages for the relocating parent in subsequent custody proceedings. Additionally, the child would likely develop a routine and become accustomed to life in the new state which would work in favor of the relocating parent because maintain stability for the child is an important factor considered by the courts. Also, it becomes difficult for the non-relocating parent to maintain a relationship with the child because of the substantial travel costs that will be incurred.
Factors Considered by the Court
In considering a motion to relocate, the Court must decide “whether it is in the best interest of the child to live with parent A in a different state or parent B in Nevada.” Potter v. Potter, 121 Nev. 613, 618 (2005).
The district court could consider these factors when determining what is in the child’s best interest:
- the extent to which the move is likely to improve the quality of life for both the child(ren) and the custodial parent;
- whether the custodial parent’s motives are honorable, and not designed to frustrate or defeat visitation rights accorded to the noncustodial parent;
- whether, if permission to remove is granted, the custodial parent will comply with any substitute visitation orders issued by the court;
- whether the noncustodian’s motives are honorable in resisting the motion for permission to remove, or to what extent, if any, the opposition is intended to secure a financial advantage in the form of ongoing support obligations or otherwise;
- whether, if removal is allowed, there will be a realistic opportunity for the noncustodial parent to maintain a visitation schedule that will adequately foster and preserve the parental relationship with the noncustodial parent.
Schwartz v. Schwartz, 107 Nev. 378, 382-83 (1991). These types of cases to modify the terms of child custody and support are also common when one or both parents are serving in the military.
Your parenting rights matter — let’s create a plan that respects the law and your family. Contact us today.
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