Q: Is traveling out of state with my child during my custody time is a violation based on the following notice?

A: Parents seeking to maintain control over the other parent often proclaim rules like 'no travel outside the state' and try to use this sections to support their claim.

This section does not prohibit you from travelling out of state during your custody time, as long as you do not conceal the child or interfere with the other parents custody rights.

It is possible that someplace else in the court's order it says that a parent may not take the child out of an area during his or her custody time, but this is extremely rare. Courts sometimes make such an order if a parent has a history of abducting the child. Be careful though if the child will be missing school: it is more common for court's to order that a child not miss school without both parent's permission. It is very common for courts to require you to inform the other parent of where the child is and provide a phone number in the case of emergency. Even if the court order doesn't require it, it is a good courtesy to extend to the other parent (even if you don't receive this courtesy back).

That assumes that you are travelling within the United States. If you want the take the child to another country, you will need to get written (and usually notarized) authorization from the other parent.

Let me know if you need further assistance.

A: It’s important to remember that every custody case is unique, and the interpretation of custody orders depends on your specific circumstances. Based on the notice provided, it appears that removing the child from the jurisdiction of the court without consent from either the court or the other parent may be punishable as a category D felony. This means that even if it is your custody time, traveling out of state could potentially be seen as a violation, especially if it’s interpreted as removing the child from the jurisdiction of the court without proper consent.

Given that both parents share joint legal and physical custody, it’s advisable to attempt respectful communication or mediation to address the issue. Since the other parent is refusing to communicate respectfully, it’s crucial to proceed cautiously. Violating the order, even unintentionally, could have serious legal consequences.

The best course of action is to seek legal counsel who can review the specifics of your order and provide personalized advice based on Nevada law. An attorney can help you navigate this situation and ensure you are fully compliant with the terms of your custody arrangement. Always consult with an attorney to protect your rights and avoid any unintended violations.