SUMMARY--Makes various changes to procedure for custodial parent or parent having joint physical custody to move to new residence with child. (BDR 11-1510)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to domestic relations; requiring a custodial parent or a parent having joint physical custody to seek the consent of the other parent or the court before moving with the child to a new residence under certain circumstances; establishing a procedure to determine whether the court should grant the petition of the custodial parent or parent having joint physical custody to move with the child to a new residence; authorizing the custodial parent or the parent having joint physical custody to move with the child to a new residence without the consent of the other parent under certain circumstances; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 NRS 125A.350 is hereby amended to read as follows:
125A.3501. If custody has been established and the custodial parent or a parent having joint physical custody [intends to move his residence to] :
(a) Lives not more than 50 miles from the other parent; and
(b) Intends to relocate with the child to a place [outside] :
(1) Outside of this state [and to take the child with him,] ; or
(2) More than 50 miles from the residence of the other parent,
he must, as soon as possible and before the planned [move,] relocation, attempt to obtain the written consent of the other parent to [move] relocate with the child . [from the state.]
2. If the noncustodial parent or other parent having joint custody refuses to give [that] his consent, the parent [planning the move shall, before he leaves the state with] proposing to relocate with the child [,] must, before he relocates with the child, petition the court for permission to [move] relocate with the child.
3. In determining whether to grant a petition to relocate with a child, the court shall consider:
(a) Whether the petition is brought in good faith and not merely to harass the parent opposing the relocation or prevent him from having contact with the child;
(b) Whether the parent proposing the relocation will derive a substantial benefit from the relocation, including, without limitation, whether the parent will receive:
(1) A promotion or higher salary;
(2) Additional monetary support from relatives or other persons that will help offset the cost of caring for the child or other expenses borne by the parent; or
(3) An opportunity for education or training that is not otherwise available to him;
(c) The hardship that the relocation will cause the parent opposing the relocation;
(d) Whether the parent opposing the relocation has consistently paid child support or any other financial obligation in a timely manner to the parent proposing the relocation;
(e) Whether the relocation will improve the living conditions or educational opportunities for the child;
(f) The preference of the child, if the child is of sufficient age and capacity to form an intelligent opinion regarding his custody;
(g) The effect that the relocation will have on relationships between the child and other members of the family or extended family;
(h) Whether a modified order for visitation or custody may be established that will give the parent opposing the relocation a realistic opportunity to preserve his parental relationship with the child;
(i) Whether the parent opposing the relocation has consistently exercised his rights of visitation or custody of the child;
(j) Whether the relocation is in the best interests of the child; and
(k) Any other relevant factor.
4. The parent proposing to relocate with the child must prove by substantial evidence that:
(a) The petition to relocate with the child is brought in good faith and not merely to harass the parent opposing the relocation or prevent him from having contact with the child;
(b) He will derive a substantial benefit from the relocation;
(c) The parent opposing the relocation will have a realistic opportunity to preserve his parental relationship with the child; and
(d) The proposed relocation is in the best interests of the child.
5. If the parent proposing to relocate with the child meets the burden of proof provided in subsection 4, then the court shall grant the relocation unless the parent opposing the relocation proves by substantial evidence that:
(a) His petition to stop the relocation is brought in good faith and not to restrict unreasonably the ability of the parent proposing the relocation to relocate;
(b) He has consistently exercised his rights to visitation or custody of the child;
(c) He has consistently paid child support and any other financial obligation in a timely manner to the parent proposing the relocation; and
(d) The proposed relocation would be detrimental to the best interests of the child.
6. If the parent opposing the relocation meets the burden of proof provided in subsection 5, the court:
(a) Shall deny the petition to relocate with the child; and
(b) May, if the parent proposing the relocation still wishes to relocate, modify the custody decree.
7. If the custodial parent or parent having joint physical custody does not live within 50 miles from the other parent and he intends to relocate with the child, the custodial parent or parent having joint physical custody shall, as soon as possible before the relocation, attempt to provide the other parent with:
(a) Notice of his intent to relocate with the child;
(b) The address and telephone number of his new residence; and
(c) Any other relevant information known by him or requested by the other parent.
8. The failure of a parent to comply with the provisions of this section may be considered as a factor if a change of custody is requested by the noncustodial parent or other parent having joint physical custody.