Legal Question in Family Law in Nevada
If my ex and i have joint physical custody of our son and i want to move out of state to go to school what do i have to do to be able to take my son with me
3 Answers from Attorneys
You would have to get a written agreement from your ex to move or file a motion for permission to move in family court to get an order allowing you to move. Obviously visitation would have to be modified and you and your ex can either work that out or the court will modify visitation.
Ask permission from your ex in writing to modify custody so that you have primary physical custody and request to relocate. This is step one. Step two occurs if your ex does not give permission. If he gives permission, then you should file a stipulation with the court modifying physical custody. Step two is filing a motion with the court to modify custody based on changed circumstances and best interests and a motion to relocate. Stripping a father from a son just to attend school in another state, however, does not seem fair or in the best interests of the child. You should definitely consult with an attorney to determine your best option.