Legal Question in Family Law in Nevada
1) What are good faith reasons to move out of state with children?
2) If ex refuses move, can judge over-ride?
3) Can I say that ex has been living with his sister and her family in a single dwelling for the last 8 mos and that help my case?
1 Answer from Attorneys
The Nevada Supreme Court generally allows a parent to move if there is a good faith reason for the move (ie. it is good for you and the child) and the parent left behind can get visitation comparable to what he/she has now. Good faith includes marriage to an individual who lives out of state, moving to be with family members who live out of state, better job out of state, just to name a few.
If your ex refuses to give you permission to relocate, the court can over ride that. You will need to file a motion asking the court to allow you to relocate. The court will then set the matter for an Evidentiary Hearing. The Evidentiary Hearing is usually set several months into the future.
The court is focused on the reasons for the move, the amount of time that your ex has had the kids (ie. the less time he has the kids, the more likely the move will be allowed because the court has to give your ex comparable time). If your ex rarely sees the kids then she/he is not missing much if the kids move.
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