Relocation Issues in Child Custody Cases

by | Child Custody

Legal Relocation Issues In Las Vegas Child Custody Cases

There are many issues surrounding Nevada child custody and the effects it has on the rights of the custodial as well as non-custodial parents, but relocation issues in child custody cases is near the top of the list. These issues can be both complex and confusing and Huggins Law Office can help inform you about these difficult issues. Contrary to popular belief, a parent who does not have custody of their children (non-custodial parent) does not give up their parental rights whatsoever.

In Las Vegas, Nevada, they retain the right to have reasonable access to the child or children and usually also have joint legal custody (NRS 125C.002) of the children as well. This means that they have the right to visitation, phone calls and other forms of communication, equal decision making in terms of schooling, medical decisions, and legal decisions as well, as long as these are in accordance with the terms of the child custody agreement, or the Order of the court.

About Relocation Issues Specifically in Child Custody Cases

If a custodial parent wants to relocate, this may affect the right to reasonable access to the children of the non-custodial parent. This means that a custodial parent (the parent who has primary custody of the children), cannot relocate the children without the express permission of the non-custodial parent. This permission should be attained in writing.

Should the non-custodial parent not agree to the move, the custodial parent may petition the court in order to get permission to relocate as stated in NRS 125C.007. However, these petitions normally only take place with regard to relocating children out of state or abroad. The custodial parent will need to provide reasonable grounds for the relocation and need to meet the requirements of the law. 

During hearings on Relocation Issues in Child Custody Cases, the non-custodial parent may challenge the petition and state their reasons why the relocation would not be in their best interests. At the end of the day, the court will decide based on the law, the facts, and the arguments in the case, whether or not to grant the petition on what is in the best interests of the child.

Although it is not a requirement, it is advisable to seek legal advice and council from and experienced Las Vegas Child Custody Attorney to ensure that due process is followed in filing the petition as well as presenting the case to the court in the best light. The chances of a successful petition are greatly increased with the assistance of legal council. A non-custodial parent may also seek the advice and representation by a lawyer or attorney in order to challenge the petition.

It is preferable to choose a lawyer or attorney who specializes in the practice of family law. Family law covers all aspects with regards to child custody and a family lawyer should be well versed in the proceedings as well as the law related to filing a petition for relocating a child out of state or abroad.

If the custodial parent chooses to relocate a child out of state without permission or a court petition, they can be charged with kidnapping which is a serious felony offense under federal law and can carry a life sentence. The same goes for a non-custodial parent who does not have the right to remove a child from their home state (NRS 125A.085) without the permission of a custodial parent which is stated in NRS 200.359.

Even if they do this on a temporary basis (for example on a vacation), the custodial parent can press charges against them and a warrant for their arrest may be issued on the basis of a kidnapping charge. It is highly recommended to get legal advice before relocating minor children out of state. We hope you learned something about Relocation Issues in Child Custody Cases from this article and look forward to helping you with your case.

To learn more about how Huggins Law Office can help you with relocation issues involved in a child custody case click here. To learn specifically about child custody issues click here. For information about Mr. Huggins read his about us page here. To book an appointment click here.

Huggins Law Office

8683 W Sahara Ave #180, Las Vegas, NV 89117

(702) 387-4014