Relocation More Info in Las Vegas
In Nevada, prior to relocating, pursuant to NRS 125C.006 and NRS 125C.0065, a parent must obtain the written permission of the other parent or a Court Order before relocating. If the non-relocating parent consents, a Stipulation and Order can be prepared which is filed with the Court that permits the relocate and sets (in most cases) a visitation schedule for the non-relocating parent. If the non-relocating parent does not consent, a Motion must be filed with the Court.
If you are having issues concerning the potential relocation of your child, contact us at (702) 766-5566 today.
How Does the Court Determine Whether to Grant Relocation?
The analysis applied by the Court to relocation is a 2-prong test.
Pursuant to NRS 125C.007, the first prong, requires that the moving parent establish:
- A “sensible, good-father reason for the move;”
- The best interest of the child is served by allowing the relocation.
- The parent and the child will benefit from an actual advantage.
If the moving parent can establish to the Court’s satisfaction that the requirements of prong 1 have been met, then a prima facia showing has been made for the Court to set the matter for a hearing (Evidentiary Hearing or Trial) where evidence and testimony is taking regarding the relocation (aka prong 2).
At that hearing, the Court is required to consider the factors set forth in NRS 125C.007 which contains a catchall for the moving parent to argue factors which are not included in the list.
Those factors include:
- Extend of improved quality of life for the child and relocating parent.
- The honorable motives of the relocating parent.
- If the relocating parent will comply with Court Orders upon relocation.
- Whether the non-relocating parent’s motives in denying the request to relocate are honorable.
- Whether there is a realistic opportunity for visitation.
It is a violation of Nevada law for a parent to relocate without consent or an Order of the Court pursuant to NRS 125C.0075. The law requires that the Court not consider any post-relocation facts when determining a relocation and may punish the unapproved relocation as a crime.
Moreover, the non- relocating parent “is entitled to recover reasonable attorney’s fees and costs incurred as a result” of the non-approved relocation.
We Are Ready to Help You Present Your Case
Relocations carry a heavy burden because Court’s do not like to see parents and children separated. Relocations are also very fact intensive which has a huge impact on the manner in which a relocation is presented to the Court. Therefore, it is wise to consider retaining counsel in a relocation matter.
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