This is my last post in my “Understanding Nevada Relocation” series. This series has provided a comprehensive guide for parents in Nevada who wish to move outside of the state, but currently share custody with another party. It can be very difficult to earn permission from the Court to move with your child, and it is very important to follow all procedures, as well as to thoughtfully plan for your move. This post serves as a wrap-up to my previous discussions and expands on a few of the points that were made. We will summarize a few of the most important points we have discussed throughout this series. During our series we covered a number of topics, including:
Throughout this series, we have emphasized that the Court is most concerned with what is in your child’s best interest. The most important thing to understand in a relocation case, is that the parent’s best interest may differ from the child’s best interest; the parent filing for relocation has the burden of proving that their best interests are the same as their child’s. The tips in this series have given you an outline for how to accomplish this goal. We have discussed the importance of carefully planning the details of your move- including where you will work, where your child will be educated, and how the new environment will benefit your child. We have also discussed how a mediator may be able to help both parties look past emotion and come up with a reasonable solution. In our final post, we discussed why it is in both parties best interest to follow the final custody order of the Court, in order to successfully move on with life and avoid future legal problems.
Uprooting your life and your family can be a stressful time. Dealing with securing new employment, a new resident and schools for your children, leaves little time to manage legal issues. Obtaining the services of a good family law attorney can simplify your relocation needs. Let the attorney handle all your legal needs so you can be free to take care of everything else. I am well versed in relocation cases and will be happy to assist you in this matter. Feel free to contact my office today. Read More
This is my next post in my “Understanding Child Relocation” series. My last post discussed the Nevada appellate process. In this post I will discuss what life will be like, after winning your Nevada relocation case. I will be discussing certain rules you should be mindful of; even though you have won your case, you must still abide by all of the Court’s orders.
It is Important That You Register Your Custody Order in Your New Home State after Relocating from Nevada
Once you have won your case, and your family has settled into your new home, do not forget your custody obligations. It will be very important for you to register your custody order in the new state that you are residing in. This is accomplished by domesticating your Nevada judgment. Nevada will retain jurisdiction over the matter after you move but you may be able to move jurisdiction to your new state should any issues arise. You cannot move jurisdiction, however, without registering your order in the new state. Do this immediately after you relocate, even if you do not foresee a problem in the future that would warrant a new court appearance. Waiting until an issue comes up will only lead to messiness and stress.
It is Important to Comply with All of Your Visitation Orders
You just went through a long and arduous process to obtain primary custody and to relocate your child, the last thing you want to do is wind up back in court. The best way to avoid this is by complying with your custody order to the letter. Following the Court’s directions regarding travel arrangements is very important, even if the other parent does not strictly enforce them. For instance, if the Court ordered that the other party is allowed visitation for the entire summer, if you are in charge of making the travel arrangements by a certain date, make these arrangements well in advance to avoid any travel delays. If for whatever reason you and the other party agree to a variation to the visitation, make sure to get the new agreement in writing or go through the Court’s to do so.
When the Court grants permission to Las Vegas resident wishing to relocate their child from Nevada, they generally allot time for phone, Skype, Facetime, or other forms of electronic communication. It is important to comply with these rules as well. If you have to provide your child with their own phone and computer in order to ensure the child effectively communicates with the other party, then it is in your best interest to do so. It is also important that you do not discourage your child from communicating with the other party by speaking in a derogatory manner about the other parent. Children are easily influenced. If they decide not to answer when the other party calls, you will be in violation of the visitation order and could wind up back in court.
You have won primary custody and the battle need not continue. The more you and the other party work together at this point the better. It is hard enough for children to uproot their lives and move. It is not necessary to make their lives harder with constant back and forth bickering between their parents. Complying with the Court’s orders regarding custody and visitation and being cordial with one another is the best way to avoid all future conflict. Read More
This is my next post in my “Understanding Child Relocation” series. My last post discussed the process of a child relocation trial. This article will focus on the appellate process. I will discuss the options available to you and the deadlines involved with such appeals.
You should consult with a Nevada appellate attorney immediately if you wish to appeal a child relocation decision
An appeal begins by filing a “Notice of Appeal.” This is a short document that must be filed within thirty (30) days of the Judge’s Order. This is a “hard” deadline, meaning there is no wiggle room in the appeals process. If the Notice is not filed in a timely order, then you will lose your chance to appeal.
If you are appealing the other party being permitted to relocate, then the attorney may be able to “stay” the order if the other party has not yet moved. Filing, and winning, a Motion to Stay prevents the other party from relocating until the Nevada Supreme Court makes a decision regarding the relocation. Again, this is time sensitive and must be filed right away, before the other party moves out of state.
Nevada law allows for a “Fast Track” appeal in child relocation cases
In order to expedite the process, Nevada law allows for a “Fast Track” appeal in child relocation cases. Parties will often be required to attend a settlement conference. In relocation matters, however, it may be possible to skip this part of the process. If no settlement can be reached, then your appeal proceeds to briefing.
Submitting a brief in a “Fast Track” case involves a brief statement of your case’s procedural history, the error you feel the Family Court Judge has made, and any legal arguments that support these allegations. This brief is due in forty (40) days or less from when the court received your Notice of Appeal. Once the opposing side has received the brief, they have twenty (20) days to respond. The Supreme Court will then affirm or reverse the decision either without further argument or order further briefing. In any case it can still take some time before the Court renders a decision.
Appealing any court decision is not only complicated, but also time sensitive. It is imperative to retain the services of an attorney directly after the order is rendered if you plan to appeal. Read More
This is my next post in my “Understanding Nevada Child Relocation” series. My last post discussed why the discovery process is important for Las Vegas residents wishing to move their children out of state. In this post I am going to focus on attending trial, how to prepare for trial and the possible outcomes.
Preparing for trial in your child relocation case
Preparing for a Clark County child relocation trial is complicated and time consuming. Your attorney will issue subpoenas to all relevant witnesses you wish to have to testify in order to ensure their attendance. Your attorney will also exchange documents with the other attorney(s) involved to ensure that there are no surprises. You will then meet with your lawyer to strategize and prepare for your case. Finally, your attorney will gather and organize all evidence necessary to attend trial in order to fully prepare and strategize.
If you are attending trial in Las Vegas then the hearing will take place at the Family Court house located at Bonanza and Pecos. Despite what you may have seen on television, there is no jury for family court cases. The Judge makes all the decisions. It is generally a small, intimate setting where both sides present their evidence, interview all witnesses involved and then the Judge may render his/her decision.
Awaiting the Judge’s decision as to whether or not you will be able to move out of Nevada with your child
The Judge does not always issue an order at the conclusion of the trial. He/she may decide to delay the decision in order to further review the evidence. Sometimes, in more complicated cases, the Judge may require more information or other provisions to be made prior to rendering a decision. In any case, it is completely up to the Judge’s discretion to decide whether or not to issue a direct order or to delay orders as he/she sees fit.
Unless the Judge makes a provision at trial, whatever order was in place coming into trial will be in place until a decision is issued. For instance, if you already have child custody arrangements and visitation that you have been following prior to trial, then you would continue to follow those arrangements until the Court directs otherwise.
As you can see, going to trial can be a long and tedious process. There are many facets to a Nevada relocation trial. It is not advisable to attend any court appearance without the representation of an attorney, especially not one that will change the course of your life. Read More
This is the next post in my Understanding child relocation series. My previous post discussed how mediation can be helpful in a child relocation case. This post will focus on the discovery process in a Nevada child relocation case and how it is essential to assist you and your attorney’s success.
Understanding how discovery can help you relocate your child outside of Nevada
Discovery is important because it is how you prepare your case for trial. It is a process where one party can require the other to provide information. The more information your attorney obtains, the better prepared he or she will be. This process allows you to require that the other party provide written responses to questions and that the other party provide requested documents. You may also obtain documents from third-parties and you may gain the sworn testimony of the other party as well as third-parties. Nevada law allows for discovery in cases involving the relocation of children just as it does in any other divorce or family law matter. If you properly request information from the other side then they have no choice but to participate.
Types of discovery typically conducted in Nevada child relocation cases
There are multiple methods by which you may gain discovery from the other side. One, Interrogatories, is providing written questions to the opposing party which they must answer. A second, Requests for Admissions, are straight forward questions in which the opposing party must either admit or deny the truth of the question. A third, Requests for Production, require the opposing party to produce documents or other items that are relevant to the case. Fourth, depositions allow you to gain the sworn testimony of either the other party or third-persons. Finally, subpoenas allow you to obtain documents from third-persons. Your attorney may utilize all of these tools during the discovery process.
Issues typically explored and investigated during Nevada child relocation cases include alternative visitation, how travel for visitation will be effectuated, financial information, drug or alcohol issues, employment, the extent to which each parent will be available to care for the child, and alternative child visitation, just to name a few.
Many Las Vegas residents mistakenly ignore the discovery process during their child relocation case. Discovery, however, can result in the difference between winning and losing your case. It is a matter of being more prepared versus being less prepared at the trial. Not only is it important to ask for and follow through with discovery, but also to answer it as well. When the other side issues discovery requests to you, it helps your attorney prepare as he or she will gain insight about what to expect from opposing counsel at the trial. The discovery process is important but can be complicated and will probably require the help of an attorney to assist you. Read More
This is the next post in my Understanding Child Relocation series. My previous discussion involved the process of requesting Court permission to relocate your child outside of Nevada. After the initial hearing, parents having their case heard in Las Vegas will be required to attend Court Ordered mediation at Clark County’s Family Mediation Center. This blog post will focus on the process that occurs after the initial hearing on a relocation motion.
Agreements regarding whether children should be relocated can often be reached at a mediation
It’s natural to think that mediation is useless in relocation cases because the issue is all or nothing; a person will either be granted permission to move or they won’t. A mediator is there to facilitate discussion which focuses on the best interest of your children. The mediator is an impartial third-party who aims to steer the discussion away from emotional responses and toward some kind of understanding between the two parties involved.
If nothing else a partial resolution can be reached – you can agree as to what visitation will be if the move is approved and what it will be if the move is not approved. For example, either way, you can agree upon vacation time, summers, phone calls, Skype and Face time. You can agree upon what type of education you would like your children to have, what type of school you would like for them to attend (public or private). There are many aspects that can be worked out before a Nevada Court decides whether or not a party may relocate with a child.
Don’t agree to a child visitation schedule that will be hard to maintain after one parent relocates outside of Nevada
Often times we are so focused on getting what we want, we will promise the other party anything to get our way. A mediator, however, takes emotion out of the equation and tries to help both parties come to an arrangement that works for everyone involved.
If you are insistent upon agreeing on terms that you have no intention of following through with or you agree to something just to be done with the process, inevitably you will wind up back in court. Make sure you believe the terms of any agreement you reach are fair and reasonable. Take into consideration what will be best for your children in the long run and don’t let emotion stand in the way of doing what is best for your children. That being said, if you cannot reach an agreement that is reasonable then you should not take an unreasonable deal for the sake of wanting to settle.
The more you can agree upon before appearing in court, the better for all concerned. It is always better to come to some kind of understanding than to have the court make the decisions for you. If the Court decides everything for you, either one or both parties will be unhappy with the outcome. This is why it is best to put emotions aside and attend your mediation with an open mind. Read More