RELOCATION WITH CHILDREN
Henderson Child Relocation Attorneys
If you are seeking to relocate with your child, or if you are trying to keep from losing time with your child, speak to one of the attorneys at Nevada Family Law Group.
DISTANCE CAN DESTROY FAMILY RELATIONSHIPS
Making sure it’s the right thing to do for the child is paramount.
Cases when parents share custody of children but one parent wants to move away with the children are usually the most hostile and hard-fought battles we see in the family courts. This stands to reason because this is the one type of case where the relationship between the child and the parent left behind usually suffers. Thus, an understanding of the laws surrounding relocation cases is incredibly important.
Frequently Asked Questions About Child Relocation in Henderson and Las Vegas
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Usually, you cannot simply move out of Nevada with your child if the relocation would interfere with the other parent’s custody or visitation rights. You may need the other parent’s written consent or court permission before relocating. Child relocation cases are serious because they can dramatically affect the child’s relationship with both parents. If you are planning to move, speak with a relocation attorney before making irreversible plans.
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If the other parent does not agree, you may need to ask the court for permission to relocate with the child. The court will look at whether the move is in the child’s best interests and whether the relocation is being requested for legitimate reasons. These cases can become highly contested because one parent may lose frequent in-person time. A strong relocation case usually requires detailed evidence, not just a desire to move.
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The court may consider why the parent wants to move, how the move would benefit the child, how it would affect the child’s relationship with the non-moving parent, whether a realistic long-distance parenting plan is possible, and whether both parents are acting in good faith. A relocation request should be supported with specifics such as housing, schools, employment, travel costs, and proposed visitation.
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If the other parent relocated without your consent or a court order, you should speak with an attorney immediately. Depending on the circumstances, the court may need to address custody, return of the child, enforcement, or emergency relief. Waiting too long can make the situation harder to unwind. Nevada Family Law Group helps parents in Henderson, Las Vegas, and Clark County respond quickly when relocation threatens their relationship with their child.
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A child relocation attorney can help you build or oppose a relocation request with evidence, legal arguments, parenting plan proposals, and court filings. These cases are rarely won by emotion alone. Whether you are the parent who needs to move or the parent trying to preserve time with your child, the court will need a practical plan focused on the child’s best interests.
The attorneys at Nevada Family Law Group wrote the law on relocation cases.
As part of their effort to address the inequities in custody law, and to address a flaw in the landmark Nevada Supreme Court decision addressing relocation cases, Attorney Keith Pickard and his team of child relocation attorneys went to great lengths to establish fair and equitable rules by which we all now operate. (read the article here) While before it was a “race to the border” to see who would get custody, now both parents must agree, or get permission from the court, before anyone moves with the children. This allows for the needs of the children to control what happens, not simply who got there first.
For more on the rules surrounding cases of relocation with children, visit our article here. (read about A263 here).
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