It is early April and are you thinking of moving outside of Las Vegas, maybe to another state? Do you have school-age children that you want to take, and the other parent is staying behind? Even if the other parent doesn’t live in Las Vegas, but has legal custody rights, do you need their agreement if they do not agree to the relocation of the kids. What do you need to do? When should you seek relief from the court?
To move, you must either get the other parent’s written consent or a court’s order allowing you to remove the children to another state, even if the other party already lives out-of-state. And, if you plan to relocate during the summer school break, now, or in the near future, is the time to file your request with the court. To grant a move, the Court will have to set the matter for a trial, and that could take several months. If you don’t file soon enough, and the trial gets set out past the start of next year’s start date, then, even if you win, the court will probably make you wait until the semester break before removing the children from school.
Here are a few things to consider: Even if the court allows you to move, generally the court will not grant a move mid-semester unless it is necessary, and what seems like a necessity to you is often not perceived as a necessity to the court. Further, a move request that is disputed will generally end up being decided only after a trial, meaning that you should plan far in advance. You should consider that some of the judicial departments will take up to six weeks to just hear your relocation motion, which means that even if your motion is filed in April, it could be mid-June before you get in front of a judge just to decide whether your request has enough merit to give you the trial. Then you need the time to prepare your case, such as engage in discovery, take some depositions if necessary, and maybe even fit in a child interview. And, some departments don’t have room on their calendar for three to four months to schedule your trial. The process takes more time than you think.
Ideally, you should plan your move sometime during the summer break, or Winter Break, and file your request about six months before the proposed move. Work transfers and other unforeseen circumstances are an exception that may allow the process to happen quicker. The more time you have to plan your move, however, the better your chances of being given permission by the court.
vegas west attorneys can assist you with your move related issue. Whether or not you are able to obtain the other parent’s written consent to move, vegas west attorneys can help. Call Gary Zernich of vegas west attorneys to schedule your consultation.