Relocation of Children
Relocation of children out of the state of Nevada is never an easy task. It is beneficial to have an experienced child relocation attorney who knows the laws and standards necessary to move your children out of state. Your current physical custody order plays a major part in the standard for a relocation.
Relocation of children is based on the child’s best interest. Relocating children by one parent will not be granted without obtaining written permission from the other parent or by a court decision based on the advantages for the child or children.
The main factor is whether the parent can improve the child’s quality of life by the relocation. If the custodial parent’s quality of life will improve, that can also be taken into consideration.
The non-custodial long-distance visitation time with the child will need to be adequate and, most likely, will involve longer visits at school recess times. The Courts may order travel costs be paid by the custodial parent due to the relocation of the child.
If you need help relocating your child or children and working out a viable visitation agreement, our lawyers have the experience to negotiate a fair hearing in Las Vegas, NV courts. If you need help in protecting your child visitation rights, our family law attorneys will negotiate on your behalf.
At McFarling Law Group, our family law attorneys are experienced in dealing with the Clark County Courts on all family law issues, including relocation of children. If you would like to schedule a consultation with one of our experienced child relocation attorneys in the Las Vegas, Nevada area, call our office at 702.565.4335.
Nevada State Legislature requires:
NRS 125C.200 Consent required from noncustodial parent to remove child from State; permission from court; change of child custody.
If custody has been established and the custodial parent intends to move his residence to a place outside of this State and to take the child with him, he must, as soon as possible and before the planned move, attempt to obtain the written consent of the noncustodial parent to move the child / children from this State. If the noncustodial parent refuses to give that consent, the custodial parent shall, before he leaves this State with the child, petition the court for permission to move the child. The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent.
Any party does not have to show the move would put the child at risk, but that it would not be in the child’s best interest. The Court will determine which parent represents the child’s best interests in relocating outside of Nevada.