Las Vegas Relocation Lawyers

Can You Relocate With Your Child After a Nevada Divorce?

One of the most common questions that arise after a divorce in Nevada is whether or not a parent can relocate with their child. The short answer is that relocation after a divorce is possible, but it requires specific legal procedures. Nevada law places a heavy emphasis on the child’s best interests, and any proposed move will be scrutinized through that lens.

In Nevada, if a parent with primary custody seeks to relocate with the child, they must first obtain permission from the court or the other parent. The law requires that the relocating parent notify the non-relocating parent at least 45 days in advance of the move. This gives the non-relocating parent an opportunity to either object to the relocation or come to a mutual agreement regarding custody and visitation.

If the non-relocating parent objects, the court will review several factors to determine whether the relocation is in the best interests of the child. These factors include:

• The reason for the move (whether it is for a job opportunity, family support, or another significant reason).
• The impact the relocation will have on the child’s relationship with both parents.
• The distance of the move and how it will affect the child’s current routine.
• The ability of the non-relocating parent to maintain a relationship with the child after the move.
• The child’s own preferences, depending on their age and maturity.

As a parent seeking to relocate with your child, it's crucial to have legal representation. A Las Vegas relocation attorney from Leavitt Law Firm can help you build a strong case by emphasizing the reasons for your relocation and showing how it will ultimately benefit your child.

The Legal Process of Relocation

The legal process of relocation is a formal procedure that requires both parties' involvement, and it can become a complicated matter. Here's an outline of what the process typically looks like:

1. Notice of Relocation: If you are the custodial parent and wish to move, you must provide written notice to the non-custodial parent at least 45 days before the proposed move. This notice should include details such as the new address, reasons for the move, and how the relocation will affect the child’s current schedule.
2. Objection by the Non-Custodial Parent: After receiving the notice, the non-custodial parent has the right to object to the relocation. They must file an objection with the court within 30 days of receiving the notice.
3. Negotiation and Mediation: If an objection is filed, both parents may be required to participate in a mediation process. This is an opportunity for both parents to come to an agreement regarding custody, visitation, and the relocation itself without going to trial.
4. Court Hearing: If an agreement cannot be reached through mediation, the case will proceed to a court hearing. At the hearing, both parents will present evidence supporting their respective positions. The court will evaluate the case based on the child’s best interests and make a final ruling.
5. Modification of Custody Order: If the court allows the relocation, the custodial arrangement may be modified to reflect the new living situation. This could include changes to visitation schedules, holidays, and the primary residence of the child.

Factors That Affect Relocation Decisions

The decision to relocate with a child is rarely straightforward. Judges must consider multiple factors when determining whether the move is in the child's best interest. Some of these factors include:

• The Child’s Age and Health: Younger children may be more impacted by a move, while older children may have their own preferences or opinions about relocating. The child’s emotional well-being and health are always at the forefront of the court’s decision.
• The Relationship Between the Child and Both Parents: The court looks at the strength of the relationship the child has with each parent. If one parent has primary custody, but the other parent has an involved role in the child’s life, the move could be more disruptive.
• The Child’s Educational and Social Needs: If the move will disrupt the child’s education, extracurricular activities, or social circle, this could influence the court’s decision. Relocating to a place with better educational opportunities or family support may work in the relocating parent’s favor.
• The Non-Custodial Parent’s Ability to Maintain Contact: If the relocation will make it difficult for the non-custodial parent to maintain a meaningful relationship with the child, the court may be less inclined to approve the move. The court may require the relocating parent to implement a plan for ongoing communication and visitation.
• The Relocation’s Effect on the Child’s Overall Stability: Stability is crucial for a child’s well-being. If the move threatens to disrupt the child’s stability in any significant way, such as a drastic change in routine or environment, this will be carefully considered.