Moving out of state

[annkalani]

I have a 6 year old son and I am trying to move out of the state of Nevada. Is father has not been in his life for the past 5 years, but we still have joint custody with me having primarsy physical custody. Last I knew he was in jail but I am not sure where. If I were to ask him for permission to leave the answer would be a definite no just to spite me. Is there any way of getting around him so I can leave?

 

[Duranie]

Probably not. If he has joint custody he does have some rights to the child. Your best bet is to file a motion in court requesting the move but you need to be able to serve him. If you can prove the move is in the childs best interest and that dad is not active in the childs life, you probably have a good shot at getting it approved. Nevada is a state known for recognizing fathers rights, and if you move without permission or proper notification (what does your decree say?) then he can file a motion in court requesting custody or the child be returned. Better safe than sorry.

If he truly has not been around and does not use his visitation with the child, you should have taken him back to court prior to this, and ask for sole custody.

 

[annkalani]

I thought about taking him back to court, but I didn't want to stir up more trouble. He doesn't really care about his son, the only reason why he started custody proceedings was to make me mad. He never even showed up for any of the motions, hearings or trials that he requested. I don't even undedrstand why they gave him joint in the first place.

 

[seniorjudge]

...I thought about taking him back to court, but I didn't want to stir up more trouble....

Taking the kid out of state will certainly stir up lots of trouble.

Make sure you have your bases covered.

 

[Duranie]

Well there is no way you are going to avoid trouble. Do this the right way....see an attorney.