If physical custody has not been determined by Court Order, married and unmarried parents have equal custody rights regarding their child(ren), absent a judicial custody order to the contrary. When two parents seek custody of their child(ren) in an initial custody action, they begin as equals. If parents begin an initial custody action as equals, then-prior to a judicial order establishing otherwise-the parents are entitled to equal rights to their child(ren). When parents have equal custody rights of their child(ren), one parent may not relocate the child(ren) out of state over the other parent’s objection without a judicial order authorizing the move. The proper procedure is to file a motion for primary physical custody with a request to relocate outside of Nevada. Importantly, removal without consent violates the spirit of the law and may subject the offending parent to negative consequences.
Once custody has been established, a parent seeking to move out of the State of Nevada with the child(ren) must seek the written consent of the other parent. If that consent is denied, the parent seeking to move must obtain a Court Order permitting the relocation before leaving the State of Nevada with the child. If a parent seeking to move out of the State of Nevada fails to comply with Nevada law prior to relocating, the parent’s failure to comply may be considered grounds for a change of custody.
If you are considering relocating out of the State of Nevada with your child, it is important to speak with an attorney as soon as possible. Likewise, if you have received notice that your former significant other desires to relocate out of the State of Nevada with your child and you intend to oppose the proposed move, it is imperative to speak with an attorney immediately. Contact The Cooley Law Firm at (702) 840-0992 to discuss your legal options.
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