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Druckman vs. Ruscitti: How It could Affect Your Custody Situation

Druckman vs. Ruscitti: How It could Affect Your Custody Situation

With the new ruling from the Supreme Court of Nevada in Druckman v. Ruscitti, parents will no longer be punished for moving outside the state with their children without prior permission as long as they can demonstrate that it was done for good reason. Prior to this case it was generally believed that any parent who wished to relocate out of Nevada would be required to receive consent from the other parent or obtain permission from court before leaving.

The Druckman v. Ruscitti case revolved around unmarried parents of a child. The mother of this child relocated from Nevada to California for a job opportunity without the father’s consent. After learning of this move the father filed a motion for the child’s return and an award for joint legal and primary physical custody. In response, the mother filed an opposition and requested to be the sole legal and primary physical custodian of the child and have the child remain with her in California.

In a shocking ruling, the district court awarded the mother primary physical custody of the child and allowed them to remain in California with her. The court concluded that since the couple did not have a judicial child custody order (Nev. Rev. stat. 125C. 200) the statute that governs relocation by an established custodial parent was inapplicable.

Why is this such a shocking rule? The supreme court in the past has always upheld the law that parents, regardless of marriage, share equal rights and that any relocation without consent violates that law and will be subject to negative consequences. But in this case, the court seemed to have allowed a good faith purpose to override any previous interpretation of this law.

While some custody cases are difficult, complicated, and heartbreaking every parent deserves a chance to make their case and fight for their child. At Miley Law Firm it is our job to not only be up to date and knowledgeable about Nevada law but also fight your rights. Our team of experienced, knowledgeable, professional, and passionate attorneys are here to answer any of your custody concerns.