Legal Question in Family Law in Nevada

Me and my spouse are not

married,we decided to seperate,I have 2 kids from the relationship,is it legal to move my kids out of the state of Nevada to California without a court order?


Asked on 2/13/10, 6:03 am

1 Answer from Attorneys

Marshal Willick Willick Law Group

First, your question contains a contradiction. You cannot have a "spouse" if you are not married.

The Nevada relocation statute (NRS 125C.200) provides that it applies in all cases where custody of the child has already been established. You do not indicate whether there is an order, and I presume there is not. If there is such an order, and you are a parent with custody, and you seek to relocate (move), you need, in advance, either the other party's written consent, or a court order granting permission. If there is no order, then essentially either parent can do whatever he or she wishes to do with the children, and the question is whether the other parent will object, and if so when.

All of the statutes, cases, legal tests, and other materials, are posted on the Child Custody page of our firm web site, at http://www.willicklawgroup.com/child_custody_visitation. As to which court would have jurisdiction to hear any dispute, that depends on when access to the courts is sough -- where the kids have lived for the six months prior to the first court filing defines their "Home State" -- and therefore where any case regarding custody would be heard. 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.

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Answered on 2/20/10, 8:26 am


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