Legal Question in Family Law in California
Hello!
I was wondering, to change primary physical custody from one parent to the other in Nevada, what is the typical burden of proof and what case law applies that we can have a look at? (We are the primary custodians, and the non-custodial parent is trying to pursue primary custody).
I appreciate your help! Thanks!
2 Answers from Attorneys
You posted this to the California panel of attorneys. You need to direct your question to Nevada attorneys.
I'm assuming that the custodial parent and the child live in California. If this is so, what you were looking at is a request by the noncustodial parent to move out CA to another state. At first glance, it seems likely that the burden will rest squarely on the requesting parent to justify a change if the child is doing well in their current environment. Move away cases are very complicated factually. You should meet with an experienced family law attorney to explore your options.