This is the next post in my series related to relocation requests for Las Vegas parents who serve in the military and receive a transfer assignment. In my last post I discussed the Court’s analysis of move-away requests when the parent with primary custody receives the transfer assignment. I also emphasized the importance of securing representation of an attorney experienced in this area of law. In this post I will focus on parents with joint custody who are faced with an out of state transfer. The two situations are viewed differently by the Clark County Family Court. If you need assistance with a relocation request and serve in the military then contact my office today to speak with a lawyer.
As the previous post discussed, a Court order is required for a parent to move out of state with a child subject to a custody agreement. The general rule for these proceedings is to evaluate whether the transfer is in the best interests of the child. Several factors are involved in this analysis. For families with one or both parents in the armed forces, special considerations can apply. When both parents share joint custody, Nevada law will focus its decision on what is in the child’s best interests.
Nevada courts will review the various elements traditionally involved in a best interest determination. These factors include the child’s emotional well being, ease of visitation with the other parent and siblings, educational opportunities, the child’s wishes if he or she is of a mature enough age, etc. The motivation of either parent in pursuing or opposing the transfer will generally not be considered. This type of proceeding, therefore, will be fact specific for each family’s situation. It is important to note that this type of analysis is specific to Nevada and may not be applied in other locations.
For example, if a father with joint custody receives a transfer assignment and seeks to relocate the child, the Court will review whether the move will be in the child’s best interest. The Court may consider how difficult it may be for the child to visit its mother and other siblings. It may also review the school districts in the new location compared to the prior location. Issues such as the child’s willingness to relocate or removal from extracurricular activities and the impact of these on the child’s emotional state can become important. Furthermore, any history of problems with one parent or the other complying with the custody order or violence and emotional distress may come into play.
Relocation requests can be emotionally charged. Knowing what a Las Vegas Court may consider in these types of proceedings can be complicated. For these reasons, it is important to work with an experienced Las Vegas family law attorney when faced with this challenge. If you need assistance with a military relocation request, contact my office to speak with a lawyer today.