Simple Divorce Advice

By Stacy Rocheleau

These days, many divorced parents are finding it necessary to move to a different state in search of greener pastures. Due to the fluctuating economy you may find there are better opportunities for you and your child by relocating. This could include a more stable job offer, educational opportunities for your child and more affordable housing. Regardless of whether you have shared custody or are the custodial parent, you can still move onward and upward.

Once the decision has been made to relocate, you must inform the other parent as soon as you have a plan. You are required by Nevada law to attempt to get the other parent to sign a written consent stating he or she does not object to your relocation. If the other parent does not object, you should also try to agree on a new visitation schedule and transportation for your child to come back to Nevada periodically after the move.

If by chance the other parent will not sign the consent, you must file a “Petition” through your divorce attorney. The petition is the legal document requesting the court to give you permission to move. You must be able to prove to the court that the advantages in moving your child out of state outweighs remaining in Nevada to the benefit of the other parent. After the court has determined your intentions, it will look to other factors in making a determination:

• The care and support of your child will be enhanced
• If there is extended family where you intend to move
• Will living and housing conditions improve
• Will educational advantages exist for your child
• Improvement of your income or employment
• Will any special needs of your child improve
• Does your child believe circumstances and family life will improve

While each case is unique, the court may find it necessary to have your child assessed by a psychologist or a psychiatrist who will report back to the court with his findings of the impact of the relocation on your child. The court may also take into account:

• Does the non-custodial parent regularly visit with the child
• Does the other parent obey court orders such as child support
• If the custodial parent obeys court orders such as visitation
• The physical and mental well-being of both parents
• Is the custodial parent moving to keep the child from the non-custodial parent
• If the non-custodial parent’s motive in objecting to the move

In considering these factors, the court will decide if relocating out of state is in the best interest of the child. If the relocation is granted, the court will also determine a new visitation schedule for the other parent such as holiday and summer vacations as well as travel arrangements for such times.

Obtaining the other parent written consent, or a petition to the court in the case of an objection, is of utmost importance. Moving out of state with your child prior to doing either of these could be held against you should the other parent challenge custody in the future.

About the Author : Stacy Rocheleau is the owner of Rocheleau Law. Rocheleau Law practices primarily divorce and injury law. She graduated from Whittier College with a Bachelor’s Degree in Business Administration and received her Doctorate of Jurisprudence from the University of San Diego Law School. She is a member of the Clark County Bar Association, the Southern Nevada Association of Women Attorneys, and National Association of Women Business Owners and named a “Who’s Who” by In Business in 2006. Stacy can be reached at 702-914-0400 or www.rocheleaulaw.com.

Source: After Divorce Relocating Out of Las Vegas, Nevada with Children

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