Legal Question in Family Law in Nevada

Both parties of a married couple have presumptive equal rights to determine the custody, and the location, of their children. You say "take," which I presume means "move with." Absent some court order in a family law or other case, there is no restriction on a parent simply taking a child across state lines to, for example, visit relatives.

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 a parent with custody seeks to relocate (move), that parent needs, 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 sought -- 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.

The short version is that if your wife simply moves with the kids, you can file a case here, and the Nevada courts will decide whether the move is permissible.