Legal Question in Family Law in Nevada

I'm asking this questions for my nephew who lives in Nevada. My newhew has a daughter who is 14 both parents live in Nevada but were never married. He's name is on the birth certificate. He supports his daughter (never court ordered) and his daughter lives with him 5 out of 2 days weekly. Now the mother wants to move to Florida to live with her boyfriend and want to take their daughter with her. Does the mother have to get court permission in order to move their child out of state?


Asked on 4/28/10, 1:06 pm

1 Answer from Attorneys

Marshal Willick Willick Law Group

Not enough information, and I think some typos (5 out of 2?).

If there is ANY order relating to custody in place, then the mom is required to obtain dad's consent, or court permission, before relocating with the child under NRS 125C.200, which can be reviewed (statute and all cases) on the Child Custody page of our web site, at http://www.willicklawgroup.com/child_custody_visitation.

If there has not been any custodial orders, there is no legal prohibition against either party going anywhere with the child. However, any time during the next six months, either party can initiate an action in Nevada, and ONLY Nevada will have jurisdiction to hear such a case during that time. For an explanation, 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.

If your nephew decides he 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. Either way, good luck.

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Answered on 5/03/10, 1:33 pm


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