Legal Question in Family Law in Nevada

Re-location with minor child

I currently have primary physical custody of my 2 yr old child and I am planning to get married to someone who is in the ARMY this would require me to relocate. How likely are the chances that a judge would deny me the motion to relocate. I also have an amazing job offer on the ARMY post that would double my current income level would this also be a factor to my relocation. any info you can provide would be greatly appreciated thank you!


Asked on 2/03/08, 10:57 pm

3 Answers from Attorneys

James Smith James E. Smith Ltd.

Re: Re-location with minor child

Your job helps make it likely under the Schwartz factors.

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Answered on 2/04/08, 2:42 am
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: Re-location with minor child

You probably have a good chance. Your case will be stronger after you marry him but this is minimized due to the job offer at twice your current income. The issue really is how can you accommodate a substitute visitation schedule?

Is the relocation in the United States or somewhere else? You should probably win but you may give up child support in exchange of the other parent having to pay some travel costs.

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Answered on 2/04/08, 10:28 am
Jim Herbe Black & Lobello

Re: Re-location with minor child

Thank you for your inquiry.

The fact you are getting remarried and are doubling your current income are strong factors in your favor. You would have to notify the father of the child and the Judge would need to believe it's in the best interests of the child to allow your move.

Typically, you would need to arrange an alternate visitation schedule to accomodate the father's situation.

Contact my office directly if you'd like to speak to us about providing representation on your matter.

Best Regards,

Jim Herbe

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Answered on 2/04/08, 11:15 am


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