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What Can I Do If My Ex Took My Child Out of State?

What Can I Do If My Ex Took My Child Out of State?

August 25, 2021
By Edward Miley

Rules for Relocating a Child to Another State Under Nevada Law

Under Nevada law, a parent must seek permission from a non-relocating parent before moving to another state. If the other parent does not consent to the relocation, the custodial parent must seek permission from the court. Failure to seek approval or obtain consent can result in criminal penalties.

At the Miley Law Firm, we represent individuals who are seeking to enforce, modify, or terminate child custody arrangements. It is crucial to seek legal representation, particularly if your ex has attempted to relocate with your child without your permission or obtaining consent from the court. Contact our office immediately to discuss your rights at (702) 850-3600.  

Rights of a Custodial Parent to Relocate

Nevada statute requires that a parent who wishes to relocate their minor child obtain written consent from the non-relocating parent or an order from the court. If joint physical custody has been established, the parent wishing to relocate must first petition the court for primary physical custody.

A parent must obtain written consent from a non-relocating parent or permission from the court to relocate a minor child:

  • To another state, or
  • To a place within the state that would substantially impair the other parent’s ability to maintain a meaningful relationship with the child.

If a parent attempts to relocate their child without following the statutory requirements, they may face misdemeanor or felony charges. If you have a custody agreement that is not being followed, you have the right to notify the court. A judge may then place the non-conforming parent in violation of a court order and, depending on the circumstances, issue a warrant for their arrest.

What to Expect at a Relocation Hearing

Without the consent of the non-relocating parent, a parent must petition the court for permission to relocate. The court will then weigh a number of factors to determine whether it would be in the best interest of the child to relocate.

Factors the court will consider at a relocation hearing include whether:

  • There exists a sensible, good-faith reason for the move;
  • The move is intended to deprive the non-relocating parent of their parenting time;
  • The child and relocating parent will benefit from an actual advantage as a result of the relocation;
  • There is an improvement to the quality of life for the child and relocating parent;
  • There are dishonorable motives in relocating the child; and
  • There will be a substantial negative impact on the non-relocating parent’s parental relationship.

If a parent relocates a child without obtaining permission from the court, the non-relocating parent may notify the court of the violation. A judge may then allow the non-relocating parent to recover reasonable attorney’s fees and costs. 

Request a Consultation Today

At the Miley Law Firm, we understand how difficult child custody litigation can be. We are dedicated, compassionate attorneys who will advocate for you and your child. A parent who relocates without obtaining permission can face serious legal consequences. 

If your spouse moves to another state with your child without your consent or permission from the court, you can file an action with the court. Call our office at (702) 850-3600 to request a consultation with an experienced family law attorney today.

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