Child Relocation Laws in Reno
Sometimes life brings about changes that can cause a parent to need to relocate with their child. Nevada law defines relocation as a modification in the child’s residence that is either out of state or that greatly impacts the non-relocating parent’s opportunity to exercise their custodial rights. A move is a major change in a child’s life, so Nevada has several strict laws on how to go about relocating your child.
Relocation with Primary Physical Custody
If the parent with primary physical custody wishes to relocate their child, he or she must obtain written consent from the non-custodial parent prior to relocation. If the primary physical custody parent cannot obtain written consent from the non-custodial parent, they can petition the court for permission to relocate. A Reno divorce attorney can assist the petitioning parent with the custody court process.
Relocation with Joint Physical Custody
If the parents of a child have joint physical custody, then the relocating parent must obtain written consent from the non-relocating parent prior to relocation. If the non-relocating parent does not give their consent, then the relocating parent can petition the court for primary physical custody for the purpose of relocating with their child. A change in a child’s custody decision can be difficult to obtain, but a qualified Nevada family law attorney can assist in the court proceedings and ease the process.
Factors Considered by the Court When Seeking Relocating
When petitioning for permission to relocate, the relocating parent must show the Nevada court that:
- There is an understandable, good-faith reason to move the child.
- The relocation is not occurring as a way of depriving the non-relocating parent of their custodial duties.
- The relocation is in the best interest of the child.
- The relocating parent and child will benefit from the move.
The Nevada court will then weigh the following factors:
- The degree to which the relocation will improve the child’s quality of life.
- Whether or not the relocating parent’s motives to move the child are honorable.
- How far the parent is moving the child.
- Alternatives to the child moving.
- The financial impact of the relocation.
Best Interest of the Child
The relocating parent must have a solid burden of proof that the move is in the best interest of the child. Factors considered when looking at what is in the best interest of the child include:
- The health and safety of the child.
- Consistency in the child’s routine and home life.
- Family relationships.
- The child’s needs and wants.
All of these factors should either be maintained at their current level or enhanced for the child by relocating them.
If you are considering relocating out of the Reno, Nevada area with your child, contact the Reno divorce attorneys of Carlson & Work at 775-386-2226 for assistance in the process. Our experienced family law attorneys can guide you through your child custody case.