Child Relocation in Custody & Divorce Matters
Experience Matters
Child Relocation Overview
ONELLO LAW GROUP has litigated countless relocation cases and successfully taken many of these matters to trial. The Relocation issue arises in divorce / dissolution matters where spouses have a minor child, and in child custody matters that arise between unmarried individuals. The term “Relocation” is often raised when one parent wishes to move to another county, another state, and sometimes out of country. The distance of relocation can influence how a judge analyzes each matter. The pattern that rises most often for parents that reside with children in Las Vegas, Nevada is that one parent wishes to relocate out of state while another remains in Las Vegas.
Our Protocol
Has the parent relocated before or after the filing of an action?
When the issue of “Relocation” is raised by either party during litigation, our protocol begins with an evaluation of the timing of the relocation – it matters if a parent relocated before or after the filing of an action. The age of the minor child plays a significant role for custodial orders in a matter than involves a relocation request. For example, if a child is “school-aged,” where the minor child attends school will have an impact on the child’s contact with each parent and often one parent will need to be designated a “primary custodian.” There is an extensive list of relevant factors in relocation cases for school-age children, including what family law attorneys identify as “best interest factors,” “Arcella factors” (for purposes of school analysis)” and the “Schwartz factors” (relocation factors that can now be found in the Nevada Revised Statutes). Relocation cases are more complex given the amount of relevant factors that the judges will apply in their analysis.
School Aged Children?
Judges are mandated to order in a manner that serves the child’s best interests.
In matters where a child is not school-age, travel expenses and work schedules can often play an important role. Depending on distance of travel, expense of travel, flight schedules, etc., there is often more opportunity for parties to be able to exercise joint physical custody because the child does not have school obligations yet, but “availability” of a parent is not the be-all-end-all of the analysis. Like every custody case, the judges are mandated to order the custodial designation in a manner that serves the child’s best interests.
When Relocation is an element of a custody or divorce matter, our office can help guide you through the process. We develop a strategy that is specific to your facts to give you the highest probability of success in your effort to relocate with your child. These matters are more complex in nature because there are so many more factors that matter. Book a consult with our office so we can get started on your case.
