Legal Question in Family Law in Nevada

parent needs to move out of state

My ex and I have been divorced for years my children are ages 12 and 9 I now need to move out of state to Colorado for a job that will increase my salary quite a bit. Im trying to find out what type of motion I need to file to ask the courts to allow me to move. Both my children really want to come with me Please help! And if it helps I have primary physical custody and i did my first divorce by my self.


Asked on 6/23/07, 2:38 pm

3 Answers from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: parent needs to move out of state

The best would be to get your ex to agree in writing. You may be able to go to the self-help center to get the forms. There are the Schwartz factors that you need to go through to convince the judge that your motion should be granted.

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Answered on 6/24/07, 2:32 pm
Adam Breeden Breeden & Herbe, Ltd.

Re: parent needs to move out of state

My first response is that it is easiest if written permission is obtained from your ex-spouse. Short of that, Nevada does allow you to petition the Court to remove the children from Nevada against the ex-spouse's wishes. Several factors are considered by the Judge when ruling on the petition but the ultimate inquiry is whether the move is in your best interests and the best interests of your children.

I would not suggest trying to do this on your own. There is considerable case law on this issue. If you like, call me on Monday (6/25) during business hours and we can discuss more details. I may be willing to accept the matter for a flat fee.

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Answered on 6/23/07, 5:40 pm
Anita Webster Webster & Associates

Re: parent needs to move out of state

You have to either get permission from your former spouse (the children's father) in writing which includes a new visitation schedule to account for the relocation or, if your former spouse won't agree to your relocation with the children then you have to file a Motion with the court asking to relocate. The court will then set the matter for a evidentiary hearing, which is like a trial, where you will have to present your case and show that you meet necessary factors per stated law. These are complicated cases and, if you are serious about relocating you need to have an attorney.

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Answered on 6/25/07, 12:35 pm


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