Relocating Out of State with a Child

Commonly parents need to relocate outside of Nevada for career opportunities, extended family issues, or health reasons. If the parent has primary custody of the child then they will need to request permission from the other parent to move.

In Nevada, relocating a child without approval from the other parent or approval from the court is a serious issue. A parent who relocates a child without first notifying the other parent or requesting court approval could face felony charges for child abduction. Don't risk the legal issues.

Contact Rocheleau Law at (702) 914-0400 to speak with an attorney who is experienced at petitioning the court for permission to move out of state.

The moving parent must either receive permission from the other parent to move of the moving parent may request of the court to allow the custodial parent to move with the child. The judge may look at several factors to determine whether the move is in the active best interest of the children.

  • There is an advantage to the child in moving?
  • Will the relocation improve the child's' quality of life?
  • What is the parent's motive for the move?
  • Can there be adequate long-distance visitation?

The courts decision can be affected if a parent has Primary Custody if both parents have Joint Custody. The legal standard to approve relocation in a joint custody situation is the "best interest of the child." This differs considerably from the standard applied in relocation by a parent with primary custody, where the court looks for an "actual advantage" to the relocation.

Call our office at (702) 914-0400 to schedule a FREE consultation.

 

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