Relocation with Children
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When you share custody of a child, you cannot simply move out of state with that child without permission. If the other parent will not grant you written permission to do so, and you move without seeking court permission, the court will not consider any post-relocation facts in making a determination. In other words, you severely weaken any future case for permission.
Additionally, violation of relocation laws will subject the party to a category D felony. Further, the non-relocating parent is entitled to recover attorney fees and costs as a result of the violation. If child abduction is proved by clear and convincing evidence at trial, the offending parent may not be awarded sole or primary physical custody, joint physical, or unsupervised visitation of the child unless a compelling reason for doing so is demonstrated.
If the parents have an order for joint physical custody and a parent wishes to relocate with the minor child to another state, and the other parent will not consent to such move in writing, then the relocating parent shall petition the court for primary physical custody to relocate. The same is true if the parent wishes to move to a different place within the same state that is far enough away that it substantially impairs the ability of the other parent to maintain a meaningful relationship with the child.
The same is true if a parent has primary physical custody of a child and wishes to make the same type of relocation with the child. Unless the other parent consents in writing, the relocating parent must petition the court for permission to relocate.
The relocating parent must demonstrate the following to the court:
- Good faith, sensible reasons for the move, and that the move is not intended to frustrate the rights of the other parent;
- Show that the best interest of the child is served if the relocation is granted; and
- Show that the child and the relocating parent will benefit from an actual advantage if the move were permitted.
If the court believes the relocating parent has demonstrated these factors, the court will then weigh further factors and the impact on the child, the relocating parent, and the non-relocating parent including to what extent the interest of all the parties is accommodated.
If you desire to relocate and the other parent is not in agreement, or you are the parent not in agreement and wish to contest the other parent moving, our Las Vegas Child Custody Attorneys can help. 702-515-1500.