Wednesday, August 19, 2009

FAMILY: Removing Your Child From Nevada

If you have primary custody of your child and wish to move out of Nevada, you must first give notice to the other parent of your intention to move. If the other parent consents, then you may move without court intervention.

However, if the other parent does not consent, Nevada law requires the moving parent to file a "Petition for Removal". The non-moving parent can then file an answer arguing the moving is not in the best interest of the child and a difficult court battle will ensue.

The moving parent will have to prove that there is a "good faith reason" for the move. Nevada Supreme Court cases have declared that moving to pursue a romantic relationship is a good faith reason, so is moving to better one's occupation. The moving parent should also present evidence to show the following:

(1) The extent to which the move is likely to improve the quality of life for both the child and the custodial parent;

(2) Whether the custodial parent's motives are honorable, and designed to frustrate or defeat visitation rights accorded to the non-custodial parent;

(3) whether, if permission to remove is granted, the custodial parent will comply with any substitute visitation orders issued by the court;

(4) whether the noncustodian's motives are honorable in resisting the motion for permission to remove, or to what extent, if any, the opposition is intended to secure a financial advantage in the form of ongoing support obligations or otherwise;

(5) whether, if removal is allowed, there will be a realistic opportunity for the noncustodial parent to maintain a visitation schedule that will adequately foster and preserve the parental relationship with the noncustodial parent. Schwartz v. Schwartz, 107 Nev.378, 383 (1991).

Once the moving parent has proven a good faith reason to move, the objecting parent must prove that the move is not in the best interest of the child, otherwise the court will grant the move.


It is advised that a contested removal should be handled by an attorney because if the petition is not completed correctly and the evidence not presented adequately, the constitutionally protected right to move can be hampered when balanced against the other parent's constitution right to raise his or her child.

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