Legal Question in Family Law in Nevada

move out of state

I have sole legal, primary physical custody and suspended visitation of my 8 year daughter. I have filed a motion to move out of state but don't know what proof I need to present my case correctly. My ex has been convicted of domestic violence twice and is currently in jail for probation viloation. When he gets out he will be on probation for 5 years and has a no contact order with me and my daughter. I want to move because I have my career, family, and better living conditions in CA. What do I need to go to court to prove that my move is in the best interest of my child? I have all court cases of domestic violence, school info, job info, no contact order paperwork, and can get the probation officer to come to court with me. Is this enough? Please help, I am concerned that I am missing something and don't want to get denied since I can make a good living there and not here. Thanks in advance and look forward to your responses


Asked on 1/07/08, 1:36 pm

4 Answers from Attorneys

Adam Breeden Breeden & Herbe, Ltd.

Re: move out of state

If you cannot get the father's permission to leave Nevada, you will have to file a petition with the court. The good news is, based on the facts as you have relayed them, there is a good chance that the court will grant your petition.

If you are interested, I can prepare the petition and file it for you. We can work on a flat fee. Please call me if you are interested.

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Answered on 1/07/08, 2:36 pm
James Smith James E. Smith Ltd.

Re: move out of state

You need to prove the Schwartz factors which are listed in a Nevada Supreme Court case of the same name.

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Answered on 1/07/08, 3:11 pm
James Smith James E. Smith Ltd.

Re: move out of state

You need to prove the Schwartz factors which are listed in a Nevada Supreme Court case of the same name.

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Answered on 1/07/08, 3:11 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: move out of state

I would go one step further and try to get the Father's parental rights terminated. This would have the legal effect that the father had died. If not, since you filed your motion, I have to presume you correctly cited the law.

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Answered on 1/07/08, 7:03 pm


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