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Relocation Attorneys in Las Vegas

For parents seeking to relocate outside the State of Nevada with a minor child, wherein there is an existing custodial Order, there are (2) options. If both parents agree to the proposed relocation, the party seeking to relocate may obtain the written consent of the other party. In the event that the parties are not in agreement regarding the relocation, the party seeking to relocate may petition the Court. Upon petition to the Court, the appropriate legal test will be applied in determining if the relocation is permissible. The applicable legal test is determined by the controlling custodial order.

Contact Roberts Stoffel Family Law for aggressive representation. Call (702) 766-5566 today.

What Happens If the Relocating Parent has Primary Physical Custody?

If the parent seeking relocation has primary physical custody of the minor child(ren), the Court will apply the Schwartz factors, which include:

  • The extent that the proposed relocation will improve the quality of life for the child and parent.
  • Whether the motive for relocation is “honorable” and not designed to defeat the non-custodial parent’s rights of visitation.
  • Whether the parent seeking relocation will comply with substitute visitation Orders if the relocation is approved.
  • Whether the non-custodial parent’s motive in resisting the relocation is “honorable” and not for the purpose of securing a financial advantage.
  • Whether there is a realistic opportunity for a visitation schedule that will preserve the relationship between the non-custodial parent and the minor child(ren).
  • The relocation must confer an actual benefit or advantage to the minor child(ren).

What Happens if the Relocating Parent Shares Joint Custody?

If the parent seeking relocation has joint physical custody of the minor child(ren), the Court will apply the Potter test, which will determine if a relocation is in the best interests of the minor child(ren) pursuant to NRS 125.480.

All things considered, a Court is more apt to permit a relocation if the moving party has primary physical custody of the minor child(ren), whether there is an actual advantage for the move, and there is a sensible good faith reason for a move.

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.

Every case is different and the Las Vegas relocation attorneys at Roberts Stoffel Family Law Group would be happy to meet with you to discuss your situation.

Request your initial consultation by calling our firm at (702) 766-5566.

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