Legal Question in Family Law in Nevada
taking child out of state
me and my ex have been apart for 8years or more.
we both have joint custory of our son. we live in the state of nevada and she want to more to orlando to live and get married can she do this? i dont want her to take my son.
3 Answers from Attorneys
Re: taking child out of state
Do you have share primary custody or is the joint custody just for legal custody? If you have shared primary, it will be difficult, if you don't the Court will probably grant it but you may certainly fight.
Re: taking child out of state
She has to get an Order from the Court if you object.
Re: taking child out of state
Thank you for your inquiry to my office.
If you have joint physical and legal custody with your ex; she would have to file a Motion with the Court for permission to move out of state; or obtain your written permission.
In considering a move out of state, the Court must find that there is an actual advantage that will enhance not only the parent but the child's livelihoods. The Court will balance these interests against the rights of the non-moving parent.
I would highly recommend that you retain an attorney to aid you in this case. If you would like to discuss your case further, contact my office at the number below.
Regards,
Jim Herbe, Esq.
702.966.5690
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