Legal Question in Family Law in Nevada

No, you need written permission either from the boy's father or from the Judge. If he won't agree, you need to file a motion and the standard is relatively low. As long as you have a good basis for moving and it still provides an opportunity for meaningful visitation, the judge should grant it. The problem is that the motion has to be written a certain way.

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Respectfully, I disagree with Mr. Cogan. I concur that such is probably safest, but I do not think it is required under your circumstances. The Nevada relocation statute, NRS 125C.200, on its face only applies to circumstances "where custody has been established" and the custodial parent wishes to relocate with a child. See http://www.willicklawgroup.com/child_custody_visitation. If there has been no custody order, the statute does not apply.

That said, if you did relocate (and presuming you have lived here for the past six months or longer) then Nevada would remain the place where any action relating to child custody would be filed, by either parent, for the next six months, as it would remain the child's Home State for that period. 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.

You should probably seek consultation with an appropriate family law specialist as to matters of both custody and child support. I would suggest starting your search with the American Academy of Matrimonial Lawyers, the Nevada chapter of which can be viewed at http://www.aaml.org/go/fellows/fellows-by-state/?showResults=true&state=NV.

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