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I wanted to know If it was possible to relocate with my

Customer Question
I wanted to know...

I wanted to know If it was possible to relocate with my children to a different state

Lawyer's Assistant: Family law varies by state. What state are you in?

Nevada

Lawyer's Assistant: Have you talked to a lawyer yet?

No ,not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We have no court orders of joint custody and I have the kids more then 50%

Submitted: 8 months ago.Category: Family Law
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9/7/2017
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 31,459
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Good morning. What is the current custody situation? Are you married?

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Customer reply replied 8 months ago
No we where never married just lived together for 17 yrs
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Thank you and please allow me a moment.

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Has paternity been established?

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Customer reply replied 8 months ago
I prefer it this way I am at work
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

I understand. Has paternity been established?

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Customer reply replied 8 months ago
No nothing has been established thru court.
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Thank you and please allow me a few moments to respond. In 2015, the Nevada Legislature amended NRS 125C to include specific provisions regarding custodial preference and relocation of a child outside the state of Nevada.

The most significant change the Legislature made was to create automatic joint physical custody from the birth of the child, regardless of whether the parents were married at the time of the child’s birth:

NRS 125C.0015 Parents have joint custody until otherwise ordered by court.

1.  The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.

2.  If a court has not made a determination regarding the custody of a child, each parent has joint legal custody and joint physical custody of the child until otherwise ordered by a court of competent jurisdiction.

Under the amended rule, parents now share joint physical custody by default from the moment the child is born, if the parties have acknowledged paternity or paternity is presumed to under NRS 126.051. These amendments effectively place the father and the mother on equal footing in terms of custodial time, regardless of marital status, as long as the father has acknowledged paternity or is presumed to be the father under other law

As such, if there is custody of this nature, you would need permission to move out of State. If you did not get it and simply relocated, the other parent could go after you and there could be issues with custodial interference. If they will not agree, it is always best to obtain a court order and permission from the Judge, so you can legally vacate.

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Customer reply replied 8 months ago
ok , so I just go to the courts and submit the paper work?
Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Yes, you would need to file the motion/petition and seek to relocate. For this to be granted, you would need and want to show that it is in the best interest of the children, to leave the State and relocate with you and it outweighs the rights of the other parent and will leave them with visitation, at this point.

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Family Lawyer: FamilyAnswer, Lawyer replied 8 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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