Can I relocate with my child?

Nevada law is completely clear on whether someone with sole physical custody can move out of the state with the other parent's and/or the court's consent. Nevada Revised Statutes state that the custodial parent must obtain the noncustodial parent's consent, or the court's consent, to move out of the state. However, this does not seem to make sense in a case in which a parent has sole physical custody and the noncustodial parent has no right to visitation. Due to the lack of clarity on this issue, I spoke to a district court judge's law clerk who agreed that the law is not exactly clear. The law clerk stated that in her department, if the custodial parent moved out of the state without permission, the custodial parent probably would not get into trouble, especially if the custody was resolved through a "joint petition" rather than a "summary disposition." If the court ordered the sole physical custody, then the court would look at the totality of the circumstances to determine whether the custodial parent violated child abduction laws. Your best bet is to get the court's permission before you move, but according to the law and the facts you provided, there may not be sanctions or negative consequences for relocating without first obtaining permission.

You should follow the statute (A.R.S. section 25-408) even with these factors. Speak with an experienced family law attorney for assistance. It also appears you may have the basis for an action to terminate his parental rights (A.R.S. section 8-531-544). Again I suggest you speak with experienced counsel regarding such a petition.

Although I am a little confused as to how your ex-husband can have joint legal custody to a child that he has no visitation privileges with, if you are the primary physical custodian, yes, you have a constitutional right to move and live anywhere you want to and, unless there is something completely contrary to this in your Final Judgment of Divorce, you do not have to file any petition or motion with the court. However, your move can be considered a material change in circumstance that would entitle your ex-husband to petition for a change in the visitation schedule under normal circumstances, although your circumstances do not necessarily fall under the normal category since he is precluded from visitation at this point. I hope this helped.

It really depends on how far you are moving. To be safe, you should obtain a court order allowing you to move, especially sine it will be easily granted based upon your circumstances. I would also suggest that you obtain sole legal custody, as well as child support, to make life easier. The court will give it to you.

Technically, you should ask the court. However, if Dad doesn't care, you can probably move without repercussions. I do suggest thinking about filing a new case in your new state after six months so that the new state can have jurisdiction.

You should inform and get the permission of the court.

Under the relocation statute which is in your parenting plan, you must give notice. The father then has a right to object. If he does, you'll have to go to court. If he doesn't within the time frame in the statute, you can move. If he does object, under the circumstances the court will most likely let you move anyway. I have no idea what you mean by joint custody. Washington doesn't have custody as such and if you have all the residential time and decision making authority, what is joint?

Do you have sole legal custody? If so, the answer is "yes".

You need to sit down with your lawyer, show him all the documents, and then decide. Bear in mind custody and visitation are always modifiable, so this is not a decision to make without counsel.

Check your orders. If you have sole legal custody you can move but may have to notify him with new address if you have joint legal you will need courts permission. You could risk moving and see whether father tries to force you back but there a risk involved. Obviously you need to support yourself and your child.