Do I need to file anything currently? Or is it up to my sons father?
My son's father and I have a current custody order that is joint physical and joint legal for our soon to be 7 year old in Nevada. We have a private week on week off visitation arrangement. The order states my child will attend school wherever mother (me) resides. It doesnt state anything about moving in or out of state but it does state that notice will be given for any time out of the state and not to exceed a 2 week period. My son's father recently accepted admission at a university in California and states that he wants to take our child with him to also attend school in California. He has been going behind my back and taking our son to CA on the weekends to tour and turn in enrollment papers at "his new school." All of my sons family, friends, soon to be arriving brother, school and extra cirriculars are here and I highly oppose the move. My son has told me, my mother and my husband that he does not wish to move.
Dad recieves military money for school and school related expenses but does not have a job. He owns a home here, but does not have anywhere in California to my knowledge. He has a girlfriend that he will be moving with who has a home based buisness, but no steady income. His dad will be entering a pretty involved degree program so I dont see how he will have time for family. I have no problem with reasonble visitations for dad when my sons school schedule allows. His dad is asking for the opposite, that I be summer vacation mom and I disagree.
3 Answers from Attorneys
Short version: the burden is on the party seeking relocation.
For an analysis of relocation matters in joint custody cases, see the discussion and materials posted at http://willicklawgroup.com/child-custody-and-visitation/.
Also see legal note Vol. 25 — Relocation Where There is Joint Custody, posted at http://willicklawgroup.com/full-list-of-newsletters/.
Of course, for a specific analysis of your specific situation, and what you should do to protect your position, you should consult with a family law specialist knowledgeable about these matters.
I agree with Marshal 100%.
You have a case known in the parlance of Nevada family law as a custody dispute evolving from a relocation case. Nevada courts generally treat relocation requests associated with joint custody situations such as yours as a "change of custody" matter due to the obvious inability for almost anyone to effectuate joint custody arrangements when living in different states (close border towns or private jets aside).
While the onus is on your ex to file something, I would strongly suggest you contact an attorney to be prepared ahead of time for what appears to be a change of custody/relocation motion to be filed soon. There are things you can and should do, proactively, to address your potential legal battle to come.
Roger R. Harada, Esq.
475 S. Arlington Ave., Suite 1A
Reno, NV 89501
This is the time to visit a lawyer. Contact the Nevada State Bar for a referral to a lawyer who will give you an initial consultation for a discounted rate of $45.00.