Legal Question in Family Law in Nevada

Moving Away

My wife has primary physical custody of our daughter and lives in Vegas where the court has jurisdiction. My daughter is currently visiting me in MD per the court-ordered visitation agreement. I will be moving to FL next month and my child will make the move with me. I will return her to my ex at the end of the summer per our visitation agreement. Now my ex states that she wants to move from Vegas to TX and have me return our child to TX at the end of the summer, instead of Vegas. Do I have to have the court's permission to move to FL from MD since I do not have primary physical custody? We do have joint legal custody though. Does my ex have to have my consent to relocate to TX permanently with our child? Thanks


Asked on 6/27/07, 4:22 pm

2 Answers from Attorneys
James Smith James E. Smith Ltd.

Re: Moving Away

Technically you can move as the non-custodial parent but she needs permission if Nevada is the home state. Since Texas in closer to Florida than Nevada I am sure she would get permission to relocate. However, after 6 months the home state of the child would become Texas and your ex could transfer jurisdiction to Texas.

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Answered on 6/27/07, 7:18 pm
Alton Drew Alton Drew, LLC

Re: Moving Away

I can only speak to Maryland law. Regarding permission to move to Florida, you don't need it.

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Answered on 7/04/07, 7:43 pm


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