Relocation

Henderson Relocation Attorneys

Protecting Your Custody Rights When Life Moves You

When the court makes a child custody determination in a divorce, it is assumed that either parent's current residence will stay the same for the foreseeable future. This, however, is not always the case. When a custodial parent (or a parent with joint custody) wants to move and maintain custody, they must petition the court for relocation.

Our Henderson child relocation attorneys at Ford & Friedman can represent you if you are involved in custody issues related to relocation outside of the scope of the original divorce decree. We understand that these issues can often threaten one parent's access to a child and are often emotionally distressing. However, we've proven time and time again that we are capable of bringing clear and compelling representation to our clients' relocation cases and ensure that the court is informed of the family's best interests.

Need help with your relocation case? Contact us today at (702) 904-9898 for experienced legal guidance.

Grounds for Relocation

Relocation is not considered lightly by the Nevada courts. The parent who is looking to move with their children must demonstrate to the judge that the relocation is in the children's best interests. When there is a disagreement between the parents about the relocation, a hearing will be set to review the merits of the proposed move and, if necessary, re-examine custody.

In relocation matters, the court will consider:

The type of custody the petitioning parent has: Primary or joint
The benefits the move may afford the child: Better standard of living, better schools, etc.
The welfare of the child: Will the child be harmed by the move? Lose access to family? Lose ties to the community?
The available means of communication: If the child moves, they may be granted access new ways to communicate with the non-relocating parent. This includes new visitation schedules, video conferencing, phone calls, emails, etc.

It's important to understand that, even for short distance moves, the relocating parent needs to first approach the court for relocation approval. These matters are often sensitive and, if not handled appropriately, can even lead to charges of kidnapping or loss of custody. No matter which side of a relocation matter you are on, our firm is ready to guide you through this process and diligently pursue a favorable outcome.

Factors the Court Considers in Relocation Cases

When a parent requests to relocate with a child, the court takes several important factors into account to determine whether the move is in the child’s best interests. These factors include:

The Child’s Age and Needs: Younger children may be more affected by a move, while older children might have stronger opinions about the relocation. The child’s developmental needs play a big role in the court's decision.
Emotional Well-Being: The court will look at how the move may impact the child emotionally. If the move could lead to stress, anxiety, or a loss of important relationships, it might be considered detrimental.
Relationship with Both Parents: The court will assess the strength of the relationship between the child and each parent. If the move negatively impacts the child’s bond with the non-relocating parent, this will be a significant consideration.
Benefits of the Move: The parent seeking relocation must show how the move will improve the child’s life, such as better educational opportunities, a safer environment, or access to extended family.
Access to Communication: The court will evaluate whether the child will still be able to maintain regular and meaningful contact with the non-relocating parent, including options like video calls, regular visits, or extended holiday time.

Relocation and Modifying Custody Arrangements

Relocation can significantly impact existing custody arrangements. If the court approves the relocation, the current custody plan might need to be modified to reflect the new living situation. This could include:

Changes in Visitation: The non-relocating parent may have to adjust visitation schedules, possibly extending visits during school breaks or adding more weekend time to make up for the distance.
Primary Custody: If the relocating parent was the primary custodian, the other parent might request a modification to increase their custodial time.
Best Interest Standard: Any changes to custody will be based on what the court believes is in the child’s best interest, considering factors like stability, the child’s emotional needs, and the ability of each parent to maintain a strong relationship.

Temporary Custody Orders During Relocation

During the relocation case, temporary custody orders may be put in place to ensure stability and protect the child. These orders could include:

Temporary Custody Arrangements: While the case is pending, a temporary custody order may establish which parent will have the child during the legal proceedings.
Visitation Rights: The court might set temporary visitation rights for the non-relocating parent, depending on the child’s needs and the nature of the case.
Preventing Relocation Without Approval: A temporary order may prevent the relocating parent from moving until the court has made a final decision.

These temporary orders help maintain stability for the child while the court evaluates the relocation request.

Frequently Asked Questions About Relocation Cases

Can a parent move with the child without court approval?

No, in most cases, a parent cannot move with the child without obtaining court approval. Even if the move is for a short distance, the parent must petition the court, especially if there is a custody order in place. Moving without permission can lead to legal consequences, including accusations of parental kidnapping.

What if the other parent agrees to the relocation?

If the other parent agrees to the relocation, the process may be smoother, but it still requires court approval. The court must ensure that the agreement is in the child's best interests and that the non-relocating parent’s rights are respected.

How does the court determine if a move is in the child’s best interest?

The court considers several factors, such as the child’s age, emotional well-being, the quality of the relationship with each parent, the potential benefits of the move, and the impact on the child’s relationship with family and friends. The child's perspective may also be considered, especially for older children.

Can I prevent my ex from relocating with our child?

If you disagree with the relocation, you can file an objection with the court. You will need to demonstrate why the move is not in the child's best interest. The court will then decide whether to allow the relocation or modify the custody arrangement.

Will the child have a say in the relocation decision?

Depending on the child’s age and maturity, the court may consider their preferences. Older children, particularly teenagers, may be asked for their opinion, though it is not the sole deciding factor.

How long does a relocation case take?

The duration of a relocation case can vary depending on the complexity of the situation and the court’s schedule. Some cases may be resolved in a few months, while others may take longer, especially if the parties cannot reach an agreement or if a trial is required.

What happens if the court denies the relocation request?

If the court denies the relocation, the parent seeking to move may be required to adhere to the existing custody arrangement. In some cases, the court might modify custody to better reflect the child's needs and the non-relocating parent's rights.

Facing a custody relocation issue? Contact us now at (702) 904-9898 to schedule a consultation with our experienced attorneys.

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