Legal Question in Family Law in Nevada
Millitary and custody
My sons father and I do not currently have a court approved custody schedule in place. We have our own prearranged 50/50 custody schedule. My sons father has now decided to join the Army. We do not have an army base within close proximity. What rights does he have for taking my son out of the state while being stationed in another state? Is there also a way to stop him from being able to leave the state with my son?
2 Answers from Attorneys
Re: Millitary and custody
He will not be able to leave the state with your son unless he has your written permission or an order from the Court. He would have to file a motion to move with your son.
Re: Millitary and custody
If you have 50/50 custody he cannot take the children out of state without filing a motion with the court asking for custody. If you suspect that this is his intention you should have an attorney write him a letter letting him know that he needs to file a motion with the court. The court would need to decide who will have primary custody.