Q: Can a judge grant me hardship and be able to move my kids out of state?
For the last 10 years, my family has lived away from our extended family due to work. I have been a stay at home mom for 10 years while my husband has worked and advanced his schooling and graduated from University. I have no more than a HS education and no skills to obtain a job to help support my children and living expenses. I have been the sole parent in raising our children day in and out forbthe last 10 year. Would my ex get full custody because i have no work or place to live (he wants the house so the kids still have something familar and he can pay for all expenses with his income)? Can I ask a judge to grant me hardship to move out of state with the children to be closer to my family for support and financial help?
Assuming you have or had case with Family Court, you would need to file a Motion for Relocation.
If you do not have a case then you would first need to file for divorce; custody or legal separation depending on your circumstances, then in this case you can file yourMotion for Relocation.
Relocation has a few requirements and facts that support relocation often include family support, better life; and financials.
The requirements are below:
1. A sensible, good-faith reason for the move that is not intended to deprive the other parent of his or her parenting time. The relocating parent must also prove that the move would be in the best interest of the child, and that the child and parent would both benefit from an actual advantage if allowed to move. NRS 125C.007(1).
2. The Court weighs several factors, including: 1) the motives of the relocating parent; 2) the motives of the non-relocating parent; 3) the extent to which the relocation would improve the quality of life for the child and parent; 4) whether the relocating parent will comply with substitute visitation orders; 5) whether there is a realistic alternate visitation schedule that will adequately foster and preserve the relationship between the child and the non-relocating parent; and 6) any other factor. NRS 125C.007(2).
3. Best Interest of the Child, - which includes a) The wishes of the child if the child is of sufficient age and capacity to form an intelligent preference as to his or her custody; b) Any nomination of a guardian for the child by a parent; c) Which parent is more likely to allow the child to have frequent associations and a continuing relationship with the noncustodial parent; d) The level of conflict between the parents; e) The ability of the parents to cooperate to meet the needs of the child; f) The mental and physical health of the parents; g) The physical, developmental and emotional needs of the child; h) The nature of the relationship of the child with each parent; i) The ability of the child to maintain a relationship with any sibling; j) Any history of parental abuse or neglect of the child or a sibling of the child; k) Whether either parent or any other person seeking custody has engaged in an act of domestic violence against the child, a parent of the child or any other person residing with the child; and l) Whether either parent or any other person seeking custody has committed any act of abduction against the child or any other child. NRS 125C.0035.
Provided that you can make arguments for the many of the factors above- then you have chance for your relocation request being granted.
Relocating children out of the state is a difficult thing to do without the other parent's consent. You will need to file a motion with the Court stating why it is in the children's best interest to be relocated and moved away from one of their parents.
Although this is difficult it is not impossible and we have seen many cases where the relocation has been granted by the Court. Remember that the Court will make decisions regarding children by always looking to what is in the best interest of the children. If you can show the Court that this move you are requesting will be in the children's best interest, then you may be able to get your relocation granted.
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