FAMILY: Removing Your Child From Nevada

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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.

Conclusion

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.

FAMILY: Parental Alienation

Some parents are just crazy. They are unreasonable and will use their children to further their venomous attacks on the other parent. They will accuse the other parent of child abuse. They may even manufacture evidence to hurt the other parent. The scary thing is, these hostile parents often come off as credible in the courtroom.

They can be believable by keeping journals of fictional accounts where they claim the other parent yelled at them in front of the child, or threatened them, etc. They will have family members vouch for them in court and lie on the stand.

This all being said, the court is faced with a serious dilemma, whom to believe. It is therefore recommended that both parents keep journals detailing the raising of the children so that memories cannot fade. One reason people appear to lie on the stand is that they have forgotten something from the past. I also strongly encourage parents to video tape all exchanges and activities.

Parental alienation, however, is even more insidious than accusations of abuse or neglect. It is a form of conscious or unconscious mental and emotional coercion where one parent will cause the child to believe certain things about the other parent, causing the child not to want to be with the other parent.

A few examples include:

--Spoiling the child with material possessions with full knowledge that the other parent does not wish to spoil the child. The child will then favor the parent who gives in to all the material demands of the child and will dislike the parent who is trying to teach patience and humility.

--Speaking badly of the other parent. Suggesting the other parent does not really love the child or that the other parent is very immoral or evil human being.

--Undermining the other parent's efforts to teach morality by teaching a counter-morality.

Conclusion

A parent who has to deal with another parent who alienates their child should take steps early on to prepare for court battle. The more evidence presented at court by one parent will cause the court to believe the presenting parent. A child should not be a pawn in a battle for vengeance and the parent who clearly has the child's best interest at heart should win with the proper presentation.

FAMILY: Las Vegas Divorce in Two Months

Las Vegas is the town of quick marriages and quick divorces. Many States in the United States require a person to have resided in that State anywhere from six months to several years before a divorce court will exercise jurisdiction over a divorce.

Not so in Nevada. You need only have lived here for six weeks before you can file a Petition for Divorce. Once the petition is filed, the actual divorce date will depend on several factors including whether the spouse will cooperate, the court's calendar, and amount of property in dispute, and disputes over child custody. However, if both spouses can agree on everything, then a divorce decree could be filed within a couple of months.

However, there are a few caveats regarding the six-week residency rule. For instance, Nevada law requires that a person reside continually in the State for the six weeks. This means that one cannot go to Vegas, leave immediately for several weeks, then come back and claim to be a resident for purposes of jurisdiction.

Another caveat is that you must have the intent to remain indefinitely. This means you have to show that you intend to really make Nevada your home. One can do this by getting a Nevada's Driver's License, renting a place (I recommend month to month leases). and getting a job.

You must also provide a witness who will testify that you have lived in Vegas for six weeks.

I always recommend that a Nevada attorney handle a divorce. However, fast, easy divorces, such as the ones contemplated in this article, should not be expensive. An attorney should charge between $1600 and $2500. More would be expensive for the work involved.