Legal Question in Family Law in Nevada

Much depends on the custodial orders to be entered, if any. The Nevada relocation statute (NRS 125C.200) provides that it applies in all cases where custody of the child has already been established. Once there is an order, the party seeking to relocate (move) with the child needs, in advance, either the other party's written consent, or a court order granting permission. All of the statutes, cases, legal tests, and other materials, are posted on the Child Custody page of our firm web site, at http://www.willicklawgroup.com/child_custody_visitation.

If there is no custody order, either party can leave with the child, since no order states otherwise, but Nevada remains the Home State of the child, unless six full months pass before someone starts custody litigation. So even if someone leaves, the litigation woiuld be here. See the article titled "The Basics of Family Law Jurisdiction," on the Published Works page of our firm web site, at http://www.willicklawgroup.com/published_works.

You don't indicate whether your name is on the birth certificate. If not, she has full custody until some court says otherwise. If not (if you ARE on the birth certificate), until a court says otherwise, both parents have presumptive equal rights to both legal and physical custody of the child. Obviously, the factual history makes a huge difference.

Standards for both legal and physical custody have recently changed a bit. You might want to review the recent Rivero opinion, which is posted on the Custody page, along with much more information (including links to the relevant statutes, a flowchart showing the steps of how to proceed and the legal standards to be applied). I'd review that information carefully; it will answer many of your questions.

If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.

Mr. Willick is a brilliant attorney but he did not give you an answer that you can deal with. Until you get a court order establishing your paternity, you have no rights and she can move without your permission. You need to get a case filed which will stop her from moving. You can email me at [email protected] to set up an appointment.