Legal Question in Family Law in Nevada
I have a 16 year old son with my ex-husband. The last court order was issued in 2008 which required my ex to have no physical contact with our son until we all participated in reunification therapy. After 3 months of therapy, my ex stopped paying for the therapist and has had no contact with my son since except a couple of birthday cards.
The relationship between my son and my ex has always been difficult. I left when my son was an infant and he never lived with my ex. My son has reported several instances of verbal, emotional, and physical abuse while visiting my ex. Most recently, a criminal case was opened regarding sexual abuse of my son by my ex.
We have just recently been offered a new job opportunity out of state. Due to the pending criminal charges against my ex and his lack of contact, do I have to ask his permission to leave? Do I need the Court's permission to leave since my ex has voided the last order?
1 Answer from Attorneys
Short answer: "yes." Your ex's violations of court orders, pending criminal charges, etc., do nothing to eliminate the legal requirement that you get written permission of your ex, or consent from the court, before relocating.
In the real world, there is some question of whether anyone would actually bring anything up, but if they do, it will be ten times the hassle of simply filing a relocation motion, laying out the above facts, and asking for summary permission to move without an evidentiary hearing (if possible) given the circumstances. It is what I would do.